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(영문) 인천지방법원 2017.12.06 2017가단26378
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Plaintiff A is the lessee under Article 404 of the Nam-gu Incheon Metropolitan Government E (hereinafter “instant building”); Plaintiff B is the lessee under Article 304 of the instant building.

B. On October 1, 2010, the Defendant leased the fourth floor of the instant building from the lessor F and G to KRW 70,000,000, and completed the resident registration transfer report on January 12, 201.

After that, on November 1, 2014, the Defendant leased 403 units of the instant building from H and I, who succeeded to the lessor status, to KRW 70,000,000, and completed the resident registration transfer report (the change of the commercial address) on July 2, 2015, and resided in the instant building 403.

C. On August 10, 2015, with respect to the instant building and its site, the procedure for the voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated as the Incheon District Court D, and the Defendant filed a report on the right and demand for distribution on October 22, 2015 as a housing lessee under subparagraph 403 of the instant building.

On July 26, 2017, the court of execution prepared a distribution schedule that distributes KRW 27,00,000 to the defendant on the date of distribution to the plaintiff on the ground that he is the tenant of the small amount of claims, KRW 62,027,372 to the plaintiff A on the ground that he is the tenant of the small amount of claims, and KRW 27,00,000 to the plaintiff B on the ground that he is the tenant of the small amount of claims.

E. The Plaintiffs appeared on the aforementioned date of distribution and raised an objection against KRW 17,972,628 of the Defendant’s dividend amount of KRW 27,00,000, and KRW 18,000 in the Plaintiff B, and filed a lawsuit of demurrer against distribution on August 1, 2017.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1 to 9 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion that the defendant constitutes the most lessee who does not actually reside in No. 403 of the building of this case and received the distribution in the auction of this case on the ground that he is the small lessee. Thus, the amount of distribution 27,000,000 won against the defendant should be distributed to the plaintiffs who are the real lessee.

B. Determination Doesck;

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