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(영문) 의정부지방법원고양지원 2015.02.13 2014가단31014
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant, a non-party C’s ownership, is the head of Seoyang-gu Seoul Metropolitan City D apartment No. 910-dong 303 (hereinafter “instant apartment”).

(3) As to the establishment registration of a mortgage (hereinafter “mortgage of this case”), the establishment registration of a mortgage (hereinafter “mortgage of this case”) consisting of KRW 334,800,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(2) The Defendant filed an application for voluntary auction of the instant apartment based on the instant mortgage, and on January 6, 2014, there was a voluntary decision to commence the auction procedure following the said voluntary decision to commence the auction (hereinafter “instant auction procedure”).

3) In the instant auction procedure, Goyang Branch of the District Court: (a) distributed the entire amount of KRW 238,496,401, which was actually distributed on August 29, 2014, to the Defendant, who is a creditor pursuant to the instant mortgage; and (b) the Plaintiff asserted that the instant apartment was a lessee with respect to one column among the instant apartment units, and claimed a demand for distribution, that the Plaintiff would be excluded from the distribution of dividends (hereinafter “instant distribution schedule”).

(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 23,00,000 out of the dividend amount against the Defendant, and filed a lawsuit of demurrer against distribution on September 3, 2014.

B. 1) The Plaintiff is a licensed real estate agent. 2) The Plaintiff and Nonparty C entered into a lease agreement with the Plaintiff on November 20, 2013 with respect to one column among the instant apartment buildings as a broker by the Plaintiff, under which the lease agreement was concluded between the Plaintiff and Nonparty C (hereinafter “instant lease agreement”). The lease agreement was entered into between the Plaintiff and Nonparty, under which the lease agreement was entered into between KRW 23,000,000 for the lease deposit and the lease term from December 6, 2013 to November 27, 2015 for the lease agreement (hereinafter “instant lease agreement”).

3. The Plaintiff completed the move-in report on the instant apartment on December 27, 2013, and on the same day.

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