logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.10 2015가단46502
배당이의
Text

1. The defendant and B entered into on June 14, 2014 with respect to the Geumcheon-gu Seoul Metropolitan Government Apartment No. 103 Dong 503.

Reasons

1. The content of the distribution schedule 0: The debtor and owner of Geumcheon-gu Seoul Metropolitan Government C apartment 103 Dong 503 (hereinafter “the apartment of this case”): In the case of the application for the auction of D real estate rent for D in this court progress upon the request of the plaintiff B0, this court stated that in the case of the application for the auction of D in-house rent for D in-house in this court, the defendant shall be paid 20 million won to the small lessee in the first order, and in the second order, the defendant shall be paid 434,760 won in the second order, and the remaining amount shall be distributed 28,276,445 won in the second order to the plaintiff in the second order, and the plaintiff shall be present on the above distribution date and raised an objection against the whole amount of dividends to the defendant.

2. Summary of the Plaintiff’s assertion

(a) The most lessee due to false representation in collusion: Dismissal (the defendant actually resides after paying and transferring the deposit of 27 million won); and

B. Revocation of fraudulent act: citement (to examine the contents of the taxation in the following 3.3.)

(c) Unfair juristic act: rejected (it shall not be deemed that the lessor was in the state of "pathmbling" at the time)

3. Judgment on the assertion of fraudulent act: Quotation

A. As to the apartment of this case 0, the assessment value of the apartment of this case 330 million won as of September 25, 2014 was expected to be equal or similar to the maximum debt amount of the Plaintiff on January 29, 2010 (the maximum debt amount of KRW 294 million) in the future, and the first priority mortgage of KRW 153 million in the amount of the maximum debt amount of the Credit Guarantee Fund on October 18, 2013 (the inside and outside of KRW 129 million in the principal) is each set of the second priority mortgage of KRW 153 million in the amount of the maximum debt of the Credit Guarantee Fund on October 18, 2013, and the amount of the appraisal value of the apartment of this case as of September 25, 2014 was KRW 330 million in the amount of the appraisal value of the apartment of this case as of June 14, 2014, the Defendant concluded the lease agreement of this case 200 million in its entirety.

arrow