(영문) 인천지방법원 2015.09.18 2015가단204730

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.09.18 2015가단204730

배당이의

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts recognized;

A. On June 30, 201, the Plaintiff loaned KRW 130 million to B, and owned the instant building B as collateral, the right to collateral security (hereinafter “instant right to collateral security”) was created, causing KRW 169 million to the maximum debt amount.

B. On January 19, 2012, between B and B, the Defendant entered into a lease agreement with the term from January 20, 2012 to January 19, 2014 (hereinafter “instant lease agreement”).

C. On August 12, 2014, the Plaintiff filed an application for voluntary auction with the Incheon District Court D based on the instant right to collateral security and commenced an auction procedure on the instant building.

In the above auction procedure, the Defendant reported the right to claim the return of deposit under the instant lease agreement and made a demand for distribution, and on February 4, 2015, the auction court prepared a distribution schedule stating that the Defendant, who is the lessee of small claims, distributes the amount of KRW 19 million and the amount of KRW 98,332,042 to the Plaintiff, who is the mortgagee, as the mortgagee, (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the full amount of the Defendant’s dividend, and filed the instant lawsuit on February 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant lease agreement was null and void as a false declaration of conspiracy, and the primary purpose of which is to collect the claim by being protected as a small lessee. Therefore, the Defendant cannot be protected as a small lessee, and the conclusion of the instant lease agreement with the Defendant on the instant building constitutes a fraudulent act and thus seeking revocation thereof.

Therefore, the instant dividend table should be corrected to delete the dividend amount to the Defendant and distribute the dividend amount to the Plaintiff.

B. The defendant's assertion is that the contract of this case is concluded.

유사 판례

-인천지방법원 2015.09.11 2014가단38783

-인천지방법원 2015.06.26 2014가단228876

-인천지방법원 2015.08.21 2014가단249842

-인천지방법원 2015.10.30 2015가단201021

-인천지방법원 2015.10.16 2015가단200318