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(영문) 서울중앙지방법원 2015.07.09 2013가단5141556
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2010, the Plaintiff concluded a lease agreement with D and E to lease the instant house at KRW 120,000,000 as a co-owner of the real estate listed in the separate sheet (hereinafter “instant house”).

B. At the time of September 18, 2010, the establishment registration of the instant house was completed on December 15, 2005 with the maximum debt amount of 96,200,000, the debtor E-mortgage, the National Bank of Korea established the mortgage bank, the establishment registration of the neighboring mortgage amount of 36,00,000 won on October 18, 2007, the establishment registration of the neighboring agricultural cooperative of the debtor E-mortgage and the mortgagee E-mortgage, the establishment registration of the neighboring mortgage amount of 45,00,000,000 won on February 11, 2010, and the joint owner’s right to claim the transfer of all co-owners under the name of the defendant on February 16, 2010, respectively.

C. In the Seoul Central District Court C real estate auction case (hereinafter “instant auction procedure”) regarding the instant housing, the said court drafted a distribution schedule by allocating KRW 104,600 to Gwanak-gu in Seoul Special Metropolitan City, a person holding the right to deliver (the pertinent tax) on October 11, 2013, KRW 68,197,881 to the National Bank of Korea, a collateral security right holder, to the National Bank of Korea, and KRW 35,105,192 to the Maak Agricultural Cooperative, a collateral security right holder, to the Defendant, a person holding the right to make a provisional registration, and KRW 94,038,373 to distribute each

On October 11, 2013, the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution of the instant case, which was implemented on October 11, 2013, and filed the instant lawsuit on October 17, 2013, which was seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 5, each of the statements, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant did not have any claim against D and E, the co-owner of the instant housing, and the actual right holder related to the sales reservation is G, the defendant's living together, and the defendant is merely a person who merely lent the name at the request of G.

G also between D and E.

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