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(영문) 서울북부지방법원 2015.05.12 2014가단50811
배당이의
Text

1. Of the distribution schedule prepared on December 17, 2014 by the above court with respect to the Seoul Northern District Court B real estate auction case.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who created a right to collateral security of KRW 180,000,00 with respect to D Apartment 202, 107, Dong 107, Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant real estate”) owned by C, as of April 6, 2010.

The plaintiff filed an application for the auction of real estate rent with this court B, and received the decision on the commencement of auction on April 16, 2014.

B. On December 17, 2014, the auction court distributed KRW 20,000,000,000 to the Defendant in the first order as to the distributable amount of KRW 175,022,292 on December 17, 2014, and distributed KRW 188,220 to Nowon-gu in Seoul Special Metropolitan City, and KRW 154,834,072 to the Plaintiff respectively.

C. Accordingly, the Plaintiff raised an objection against the Defendant’s dividend on the date of distribution, and filed the instant lawsuit on December 24, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion cannot be deemed that the defendant, as the head of C, entered into a lease agreement with the purpose of residing in the real estate of this case, and it is reasonable to view that C entered into a lease agreement to receive monetary obligations from C. Thus, it is unreasonable to distribute the amount equivalent to the small amount

B. (1) As of May 20, 2005, the Defendant entered into a lease agreement by setting the lease deposit of the instant real estate as KRW 50 million, and KRW 300,000,000,000,000,000,000,000,000 won for a monthly rent, and obtained the fixed date as of April 28,

(2) On May 23, 2005, the Defendant transferred the registered domicile of this case to the instant real estate, but on April 2, 2010, the Defendant transferred the registered domicile of this case to the instant real estate on April 6, 2010, and C transferred the registered domicile of this case to 101 Dong 901, Seodaemun-gu, Seoul, and on April 8, 2010, the title of this case was transferred to the instant real estate.

As a result, the defendant was excluded from the subject of transfer household inspection at the time of lending to C by the plaintiff.

(3) The defendant's son F is on February 28, 2006; March 6, 2006; December 27, 2006; and on December 3, 2006.

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