beta
Text
1. The same court as of February 3, 2015, with respect to the Goyang Branch C and D (Consolidated) real estate compulsory auction cases.
Reasons
The Plaintiff is the owner of land E, E, 679 square meters and multi-households on its ground, and the Defendant filed an application for a report on rights and a demand for distribution as a lessee and distributed KRW 5,200,000 to the Defendant regarding the procedure for compulsory sale of real estate stated in the order of commencement of the above real estate as a lessee, and the fact that the Plaintiff filed an objection against the Defendant’s dividend amount does not conflict between the
The plaintiff asserts that since the plaintiff did not enter into a lease agreement with the defendant or receive a security deposit, the above distribution schedule distributed the security deposit to the defendant was unfairly prepared.
On December 20, 2012, the Defendant concluded a lease agreement with the Plaintiff, paid KRW 10,000,000, and claimed that it is the genuine lessee who resided in the said real estate around that time.
However, there is no evidence to prove that the evidence No. 2 (Lease) was prepared by the plaintiff and that the defendant paid the above lease deposit to the plaintiff.
Therefore, the above distribution schedule that the Defendant distributed the security deposit to the Defendant on the premise that he is a genuine tenant is illegal. Meanwhile, the Plaintiff seeks to distribute the amount deleted by the Defendant to the Plaintiff. However, in a lawsuit of demurrer against distribution, if the debtor is the Plaintiff in the lawsuit of demurrer against distribution, the court should change the distribution schedule for the creditor who did not raise any objection to the distribution (Article 161(2)2 of the Civil Execution Act). Therefore, the distribution schedule should be revised so that the amount of dividends to
Therefore, the claim of this case is used within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.