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(영문) 수원지방법원 2018.01.11 2017가단7756
배당이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “Nonindicted Bank”) had the 1,200,000 (1, 271,700,000) total maximum debt amount with respect to J apartment K (hereinafter “instant apartment”) owned by H and I in Sungsung-si, Gyeonggi-do (hereinafter “instant apartment”).

B. On April 4, 2016, Nonparty bank filed an application for a real estate rental auction (hereinafter “instant auction”) with the Suwon District Court E regarding the instant apartment.

C. During the auction of this case, the non-party bank transferred the above-mentioned 1 and 2 claims against the defendant company. The defendant company set up a pledge against the defendant union regarding the above 1 and 2-mortgage.

In the instant auction procedure, on March 9, 2017, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 177,282,812 in the second order to the Defendant Union among the amount to be actually distributed on the date of distribution 228,727,017, and KRW 51,287,325 in the third order to the Defendant Company.

E. The Plaintiffs, who participated in the instant auction procedure as a lessee, appeared on the date of distribution of the instant auction procedure, and stated each objection to the entire dividend amount against the Defendant Company, and thereafter filed a lawsuit of demurrer against the instant objection with the instant court on March 13, 2017.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 5 and 6, purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiffs asserted that their plaintiffs are legitimate lessees, and they are excluded from dividend, and the defendants asserted that they are the most lessee.

B. (i) According to the respective statements in Evidence A Nos. 1, 2, and 4-1, the Plaintiffs concluded a lease agreement with H and I on August 30, 2013 (hereinafter “instant lease agreement”) with the content that the Plaintiffs would lease the instant apartment in KRW 100,000,000, and on October 31, 2013.

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