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(영문) 춘천지방법원원주지원 2016.10.25 2015가단8185
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2014, upon the voluntary auction application of the Korea Factory mortgagee, the Seoul East-dong Saemaul Savings Depository (hereinafter referred to as the “Nonindicted Company”) rendered a decision to commence the auction of real estate regarding the cross-Gun D land and the buildings indicated in the attached Table attached thereto (hereinafter referred to as the “instant building”) owned by the Seoul Incorporated Company (hereinafter referred to as “Nonindicted Company”) and the buildings indicated in the attached Table attached thereto (hereinafter referred to as “instant building”) and four parcels, and the period of demand for distribution was designated on November 20, 2014.

B. On November 13, 2014, the Plaintiff reported the right to the second floor of the instant building to the executing court, and to the lessee who entered into a housing lease agreement with the Nonparty Company.

C. On the date of distribution opened on November 25, 2015, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 722,520, out of KRW 263,774,806, the amount to be actually distributed out of the proceeds of sale, and KRW 228,203,650, and KRW 228,203,650, which was set up on May 3, 2004, shall be distributed to the Korea Saemaul Bank of Korea, Seoul Special Metropolitan City, which was set up on May 3, 2004, and the remaining KRW 34,838,636, which was distributed to the Defendant (the original tax office) by the third holder.

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on December 1, 2015, which was within a week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On August 23, 2005, the Plaintiff entered into a contract with F as of October 1, 2006, which entered into between F and F as the representative director of the non-party company, to lease the second floor of the instant building with a lease deposit of KRW 20 million and the lease term of three years.

After that, on March 12, 2012, the Plaintiff maintained the existing housing lease contract by remitting the lease deposit amount of KRW 20 million to G’s account, the representative director of the non-party company.

Therefore, the Plaintiff.

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