(영문) 의정부지방법원 고양지원 2018.04.19 2017가단88318

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(영문) 의정부지방법원 고양지원 2018.04.19 2017가단88318

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 1, 2015, the Plaintiff lent KRW 110,000,00 to C, and completed the registration of the establishment of a neighboring mortgage amounting to KRW 132,00,000 with respect to D Apartment-si 204, 403 (hereinafter “instant real estate”) owned by C for the purpose of securing the said loan claim.

B. On October 18, 2014, the Defendant entered into a lease contract with C and the instant real estate (hereinafter “instant lease contract”) with the lease deposit of KRW 110,00,000, and with the lease term from November 3, 2014 to November 2, 2016, and completed the move-in report on November 3, 2014.

C. With respect to the instant real estate auction case, which was commenced at the request of the Plaintiff, a mortgagee, the Goyang Branch of the Goyang Branch of the District Court, the said court prepared a distribution schedule with a content that distributes 10,000 won to the Defendant to the Defendant (the lessee (the final date date date) among the 173,860,518 won to be actually distributed on September 14, 2017, 322,860 won to the Defendant, 32,860 won to the Dongjak Branch of the National Health Insurance Corporation (the issuing authority), and 63,537,658 won to the Plaintiff (the applicant mortgage) to the Plaintiff. D.

The Plaintiff appeared on the date of the above distribution, and raised an objection against the amount of distribution to the Defendant among the above distribution schedule, and filed the instant lawsuit within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion is a lessor’s relationship with C, a lessor, and the former lessee who formed the appearance of entering into a lease agreement with respect to the instant real estate.

B. 1) In a lawsuit of demurrer against distribution, inasmuch as the Plaintiff did not assert or prove the facts constituting the grounds for objection against distribution in a lawsuit of demurrer against distribution, the obligee who filed an objection against distribution by asserting that the other party’s claim is disguised, bears the burden of proof as to such claim (see, e.g., Supreme Court Decision 14, Nov. 14,

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