(영문) 인천지방법원 2015.02.05 2014가단55535

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(영문) 인천지방법원 2015.02.05 2014가단55535

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. On October 4, 2013, upon the Defendant’s application, who was a mortgagee, with respect to the third floor of the building No. 301 of the third floor of the building Nos. 301 (hereinafter “instant housing”), which was owned by C, the said auction procedure (hereinafter “instant auction procedure”) was conducted on October 4, 2013.

B. In the above auction procedure, the Plaintiff asserted that “The lease contract between C and C was concluded between the lease deposit amounting to KRW 45,00,000 for the instant housing, and the term of lease from May 28, 2013 to May 28, 2015 (hereinafter “instant lease contract”), and filed a report on the right and demand for distribution.”

C. On August 8, 2014, the auction court distributed to the Defendants a total of KRW 103,864,879, a sum of KRW 103,864,879 to the Defendants (creditors). However, the Plaintiff was determined as the most lessee and prepared a distribution schedule that does not make any distribution (hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution and raised an objection to the whole amount of the Defendants’ dividends, and filed a lawsuit of demurrer to the distribution on August 14, 2014, which is within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 8 through 10, and the purport of the whole pleadings.

2. The assertion and judgment

A. The parties' assertion that the plaintiff himself/herself is the true tenant who entered into the instant lease agreement with C, and thus, he/she should be distributed prior to the defendant, and the defendant asserts to the effect that the plaintiff is the largest tenant.

B. In full view of the aforementioned evidence and the purport of the entire statements and arguments, the Plaintiff’s lease agreement (hereinafter “instant lease agreement”) that the Plaintiff leases the instant housing from C during the period from May 28, 2013 to May 28, 2015, with the term of 45,000,000 won, and the term of lease (hereinafter “instant lease agreement”).

A. The Plaintiff was drafted on June 11, 2013, with respect to the instant housing.

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