(영문) 서울남부지방법원 2015.01.29 2014가단226769

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(영문) 서울남부지방법원 2015.01.29 2014가단226769

배당이의

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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the first secured mortgage holder with respect to the second floor No. 202 (hereinafter “the first house”), the second floor No. 1, G, and the second floor No. 202 (hereinafter “the second house”), the second floor No. 202 (hereinafter “the third house”) of IB, which is owned by Nonparty E, a person who has pledged his/her property to secure another’s obligation.

B. The Defendant A, the lessee of the first house, the lessee of the second house, and the lessee of the third house, who was in progress with respect to the first house, the second house, and the third house (hereinafter “instant auction procedure”), filed an application for a report on the right and demand for distribution with the Seoul Southern District Court as the claim for return of the deposit for lease.

C. In the instant auction procedure, the Seoul Southern District Court: (a) distributed KRW 224,130 to the Gangseo-gu Office on July 31, 2014; (b) KRW 90,00,000 to the Defendant A, the lessee of the first house; (c) KRW 75,00,000 to the Defendant B, the lessee of the second house; (d) distributed KRW 75,000,000 to the Defendant C; and (e) drafted a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that distributes KRW 90,428,409 to the Plaintiff in the third priority of distribution.

On July 31, 2014, the Plaintiff raised an objection against KRW 13,00,00 among the amount of dividends against Defendant A, as to KRW 32,50,000 out of the amount of dividends against Defendant B, respectively, against KRW 50,000 out of the amount of dividends against Defendant C, and filed the instant lawsuit seeking revision of the instant amount of dividends on August 6, 2014.

[Ground of recognition] Gap's evidence 1, 2, 6, Gap's evidence 1, Gap's evidence 4-1, Gap's evidence 5-1, the whole purport of the pleading

2. Determination:

A. The part exceeding KRW 77,00,000 out of the amount of dividends against Defendant A asserted by the Plaintiff, the part exceeding KRW 42,500,000 out of the amount of dividends against Defendant B, and the part exceeding KRW 25,00,000 out of the amount of dividends against Defendant C exceeds the amount of KRW 25,00,000,000 from the amount of dividends against each Defendant C, has increased the deposit by fraudulent means without paying the

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