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(영문) 인천지방법원 2015.04.03 2014가단235362
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 26, 2011, the Seocho Saemaeul Community Fund completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to real estate stated in the purport of claim C owned by C (hereinafter “instant real estate”) on May 26, 201, in order to secure the claim against C for a loan of KRW 130 million with the maximum debt amount of KRW 169 million.

B. Since then, C did not pay interest on the above loans, the Plaintiff, which merged the Seocho Saemaeul Community Fund, applied for the auction of the real estate of this case to the Incheon District Court B, based on the instant collateral security right, and this court voluntarily decided to commence the auction on August 22, 2013.

(hereinafter “instant auction procedure”). C.

The Defendant asserted that the instant real estate was a lessee who paid the deposit amount of KRW 24 million during the instant auction procedure, and filed a report on the right and demand for distribution.

On July 29, 2014, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 22,00,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, to the Incheon Nam-gu, Incheon, the issuing authority (the pertinent tax), KRW 136,100 to the second priority order, and KRW 401,940 to the Incheonnam-dong branch office of the National Health Insurance Corporation, the issuing authority, and KRW 78,536,436 to the Plaintiff, the mortgagee, and KRW 78,536,436 to the third priority order.

E. Accordingly, on the date of the above distribution, the Plaintiff raised an objection to the whole amount of dividends to the Defendant, and thereafter filed the instant lawsuit on August 1, 2014, within one week thereafter.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is selective, and the defendant is the most lessee who entered into a false lease agreement on the real estate of this case in order to receive a small amount lease deposit under the Housing Lease Protection Act, and this court is the defendant.

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