(영문) 인천지방법원 2015.01.14 2014가단43518

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.01.14 2014가단43518

배당이의등

Text

1. Of the dividend table prepared by the above court on June 20, 2014 with respect to the auction of the real estate B in Incheon District Court.

Reasons

1. Basic facts

A. As to the instant real estate owned by E, the Plaintiff completed the registration of the establishment of a neighboring mortgage on April 17, 2013, including the maximum debt amount of KRW 257,40,000, and the debtor E.

B. On October 10, 2013, the decision to commence voluntary auction was rendered to the Incheon District Court B with respect to the instant apartment on October 10, 2013 upon the Plaintiff’s application as a mortgagee, and the said auction procedure was in progress (hereinafter “instant auction procedure”).

C. On December 17, 2013, in the instant auction procedure, on July 25, 2013, the Defendant filed a report on the right and demand for distribution by asserting that the instant real estate was a lessee who entered into a lease agreement by setting lease deposit of KRW 25,00,000,00. Of the amount to be actually distributed on June 20, 2014, the date of distribution, 22,000,000 won to the Defendant, and 22,250,000 won to the Yeonsu-gu Incheon, and 681,250 won to the Plaintiff, and 184,763,705 won to the Plaintiff (hereinafter referred to as the “instant distribution schedule”). The Plaintiff appeared on the date of distribution, and brought an objection against the entire amount of dividends to the Defendant, and filed a lawsuit within one week from June 27, 2014.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, 2-4, Eul evidence 4, and the purport of whole pleadings.

2. Determination

A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer is in accordance with the principle of distribution of the burden of proof in general civil procedure. In the event that the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff asserts that the claim has become invalid as a false declaration of agreement or has become extinguished by repayment, the plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment (see, e.g., Supreme Court Decision 2005Da39617, Jul. 12,

참조판례

-대법원 2007. 7. 12. 선고 2005다39617 판결

유사 판례

-인천지방법원 2017.03.15 2016가단24627

-의정부지방법원 2016.10.07 2015나14885

-인천지방법원 2020.07.16 2019나68339

-수원지방법원평택지원 2015.11.06 2015가단43139

-부산고등법원(창원) 2015.09.17 2014나4166