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(영문) 서울중앙지방법원 2017.04.20 2016가단5149674
배당이의
Text

1. Of the distribution schedule prepared on June 23, 2016 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Central District Court.

Reasons

1. Basic facts

A. On December 19, 2008 and May 3, 2013, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on the loans extended from the Industrial Bank of Korea under the joint and several guarantee of D, and C caused a credit guarantee accident. The Plaintiff acquired the claim for indemnity amount equivalent to the above amount as a result of subrogated payment of KRW 421,083,538 to the Industrial Bank of Korea on April 16, 2015, and subsequently obtained a favorable judgment (Seoul Central District Court 2015Ga546072).

B. The Seoul Central District Court’s voluntary auction procedure B real estate auction procedure (hereinafter “instant auction procedure”) was in progress with respect to the Gangnam-gu Seoul E Apartment No. 110, 203 (hereinafter “instant apartment”) owned by D.

C. In the instant auction procedure on October 26, 2015, the Defendant filed a report on the right and demand for distribution by asserting that he/she is the lessee of small amount regarding the instant apartment. On June 23, 2016, the date of distribution by the court of execution, the date of distribution, the Defendant, as the first priority lessee, prepared a distribution schedule to distribute the amount of KRW 32 million to the Defendant as the subordinate lessee, and to the Plaintiff as the subordinate security holder, the amount of KRW 13,729,371 (hereinafter “instant distribution schedule”), and the Plaintiff filed the instant lawsuit on June 29, 2016, after stating an objection against the total amount of dividends against the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1's assertion: The defendant is only the most lessee who entered into a false lease contract with the intention to receive a dividend under the name of small-sum lease deposit. Since the lease contract entered into between D and the defendant is null and void by false representation, the amount of dividend 32 million won against the defendant under the distribution schedule of this case shall be deleted, and the above amount of dividend shall be distributed to the plaintiff.

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