(영문) 의정부지방법원 2014.09.02 2013가단51490

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(영문) 의정부지방법원 2014.09.02 2013가단51490

배당이의

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1. The Government District Court C and D (Dual) District Court prepared on October 23, 2013 with respect to the auction of real estate.

Reasons

1. Facts of recognition;

A. On May 30, 201, the Plaintiff entered into a mortgage-based agreement with the Defendant’s friendship E with respect to F apartment 106 Dong 1601 (hereinafter “instant apartment”) owned by the Gu government, the Plaintiff, and the Defendant E, with respect to the F apartment 106 Dong 1601 (hereinafter “instant apartment”).

B. Meanwhile, on April 7, 2009, the Defendant entered into a lease agreement with E as agreed from April 27, 2009 to two years from April 27, 2009 (Evidence A2) with respect to the apartment of this case, and filed a move-in report after obtaining a fixed date on April 11, 201.

C. After February 2, 2012, the Defendant purchased the instant apartment from E in the amount of KRW 290 million, and the down payment of KRW 100 million is replaced with the already paid lease deposit, and the intermediate payment of KRW 130 million is concluded to substitute E’s new bank loan loan to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer with respect to the instant apartment on February 3, 2012 in the name of the Defendant.

The Plaintiff, as a mortgagee of the instant apartment, filed an application for voluntary auction with the Jung-gu District Court C, and the Defendant filed a report on the right and demand for distribution as a lessee of the lease deposit of KRW 100 million with respect to the instant apartment in the distribution procedure, and the said court distributed KRW 90,100,080 to the Defendant in the order of October 23, 2013, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that did not distribute to the Plaintiff.

E. The Plaintiff raised an objection to the total amount of dividends of the Defendant and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, and 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is E and this case.

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