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(영문) 수원지방법원 2014.11.25 2013가단216576
배당이의
Text

1. A distribution schedule prepared by the said court on July 30, 2013 with respect to the Suwon District Court B and C (Dual) auction of real estate.

Reasons

1. Facts of recognition;

A. On March 12, 2008, the registration of the establishment of a mortgage over the maximum debt amount of KRW 240,000,000 was completed under the name of the bank of Korea regarding the apartment as indicated in the separate sheet, which was owned by D (hereinafter “the apartment of this case”), and the registration of the establishment of a mortgage over the maximum debt amount of KRW 360,000,000, around April 1, 2008.

B. Around July 13, 2012, the Defendant entered into a lease agreement with D and the instant apartment as the lease deposit amount of KRW 20,000,000, and with the term of lease from July 20, 2012 to July 19, 2014 (hereinafter “instant lease agreement”), and completed the move-in report with the instant apartment after obtaining a fixed date under the said lease agreement and obtaining a move-in report at the address around the 17th of the same month.

C. As to the apartment of this case, the registration of the voluntary decision on commencement of auction to Suwon District Court B around September 14, 2012 due to the application for voluntary auction by the Bank of Korea, and the registration of the voluntary decision on commencement of auction to Suwon District Court C around December 13, 2012, and the Plaintiff reported that he succeeded to the status of the Bank of Korea to the above auction court, and the Defendant reported the right and demand for distribution.

Around July 30, 2013, the above auction court determined the amount to be actually distributed as KRW 289,538,502, which is the date of distribution, as KRW 12,000,000 among them, to the Defendant, who is the lessee of the small amount, and KRW 811,760,000 among them, to the Defendant, who is the lessee of the small amount, the holder of the right to issue the second order, and the remaining KRW 276,726,742, to the Plaintiff, who is the applicant for the second order, who is the creditor of the above distribution, respectively, made a distribution schedule (hereinafter referred to as “instant distribution schedule”). The Plaintiff appeared on the date of the above distribution, raised an objection against the whole amount of the dividends to the Defendant, and filed the instant lawsuit on August 6, 20

[Ground of recognition] Evidence Nos. 1 and 3, Evidence No. 8-1, 2, 4, and Evidence Nos. 11 and 12, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted the parties, in collusion with D, entered into a false lease agreement.

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