(영문) 서울북부지방법원 2016.03.22 2015나32729

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(영문) 서울북부지방법원 2016.03.22 2015나32729

배당이의

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 24, 2013, between C’s agent D, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with C, stating that the Plaintiff leased 28 million won from C to June 6, 2015 during the lease deposit, and the lease period from June 7, 2013 to June 6, 2015, and the Plaintiff paid 24 million won to C as the remainder of the lease deposit on the date of the contract.

(C) The Plaintiff paid the remainder of 24 million won after deducting 2 million won from 26 million won as a result of the lessor’s assistance. Since then, the Plaintiff completed the move-in report on June 10, 2013 and received the fixed date on the instant lease agreement.

B. On October 18, 2013, upon the Defendant’s application, who is a mortgagee, a collective security right holder, rendered a decision to voluntarily commence the auction on the instant housing. On October 23, 2014, the court of execution prepared a distribution schedule with the content that distributes the remainder of KRW 10,270,683 to the Defendant, who is the applicant creditor and the collective security holder, in the first order among the amount to be actually distributed on October 23, 2014, the date of distribution, 110,362,963, which is the date of distribution.

C. The Plaintiff appeared on the aforementioned date of distribution, and made a statement of objection to distribution against the Defendant regarding 25 million won out of the dividend amount against the Defendant, and filed a lawsuit of demurrer against distribution on October 29, 2014, which was within one week thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 9, Gap evidence 10-1, 2 Gap evidence 11, Gap evidence 12-2, Eul evidence 12-1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s summary of the assertion is that the Plaintiff leased the instant house to KRW 28 million and completed the move-in report on June 10, 2013.

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