logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.26 2015가단66457
배당이의
Text

1. A dividend table prepared on November 17, 2015 by this Court with respect to the auction case of exercising the security right to B real estate in the Incheon District Court.

Reasons

Although the defendant asserts that he/she has a claim for a lease deposit with respect to the above auction property (leased property), it is not sufficient to recognize the fact of the defendant's assertion only with Gap evidence Nos. 9 and Eul evidence Nos. 1, and there is no other evidence.

The defendant's above assertion is without merit.

Even if the defendant is a tenant, considering the following facts, the defendant is deemed to be the most lessee, taking into account the following facts, which can be acknowledged by comprehensively considering the contents of Gap evidence Nos. 1 through 10.

The Housing Lease Protection Act is a lessee who is unable to protect deposit money.

The enforcement officer was unable to reach the defendant due to the absence of closed questions at the time of the investigation for the preparation of the investigation report on the current status of the above auction.

The tenant notice to the defendant of the above auction was also returned due to the absence of the closure.

Examining the photographs attached to the investigation report, any available tool is not visible.

Thus, since the plaintiff takes precedence over the defendant, 22 million won, which was distributed to the defendant, should be distributed to the plaintiff.

(within the maximum amount of claims KRW 280,000,000). Accordingly, the amount of dividends of the defendant shall be zero won.

It is so decided as per Disposition by the assent of all participating Justices.

arrow