(영문) 인천지방법원 2018.02.09 2017가단33963

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(영문) 인천지방법원 2018.02.09 2017가단33963

배당이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Jeonbuk Bank, a non-party D owned, filed an application for voluntary auction of the instant real estate with the Incheon District Court C, and the said court rendered a voluntary decision to commence the auction of the instant real estate on June 22, 2016.

B. In the above voluntary auction procedure, the Plaintiff reported the right to KRW 20 million of the lease deposit, and the Defendant reported the right to KRW 28 million of the lease deposit.

C. On the date of distribution opened on September 22, 2017, the said auction court prepared a distribution schedule with the content that distributes the amount of KRW 27 million to the Defendant, who is a lessee of small amount, and the Plaintiff raised an objection against the total amount of dividends to the Defendant and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, and 12, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff himself/herself is a legitimate tenant and the defendant is not a legitimate tenant.

On the other hand, the defendant asserts that himself is a legitimate lessee who has lawfully concluded a lease contract by paying all the lease deposit, and rather, the plaintiff is not a legitimate lessee.

B. (1) In light of the following circumstances, it is difficult to deem that the Defendant, as a small lessee, satisfies the requirements for prior distribution in the auction procedure, in light of the evidence mentioned above, and the evidence mentioned above, as well as the evidence mentioned in the evidence mentioned in subparagraphs 5, 8, 3, 6, and 8 above, comprehensively considering the overall purport of the pleadings:

① On December 15, 2014, the Defendant drafted a lease contract on the instant real estate. The said contract states that “The lessor, the lessee, the deposit amount of KRW 28 million, and the down payment of KRW 3 million shall be paid and received at the time of the contract, and the remainder of KRW 25 million shall be paid on December 18, 2014.”

(2) On the other hand,

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