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(영문) 인천지방법원 2014.09.18 2013가단230049
배당이의
Text

1. The plaintiff's selective claims are all dismissed.

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

Reasons

1. Preparation of the distribution schedule of this case;

A. On May 12, 2010, the Plaintiff completed the registration of the establishment of a mortgage over KRW 120,000,000 with respect to the Bupyeong-gu Incheon E apartment owned by D (hereinafter “instant apartment”) Nos. 603, 701 (hereinafter “instant apartment”) in order to secure the claim against F Co., Ltd. (Representative D).

B. On May 27, 2011, the provisional attachment registration of KRW 40,00,000 for the instant apartment was completed, respectively, on August 27, 201, regarding the creditor BlustS Co., Ltd., the claimed amount of KRW 39,774,392, and ② August 2, 2011.

C. On September 7, 2012, the Defendant prepared a real estate lease agreement of KRW 22,00,000 with respect to the instant apartment, and the same year.

9. 17. Completion of a move-in report on resident registration, and obtaining a fixed date in a lease contract;

On October 24, 2012, the Plaintiff filed an application for the auction of real estate rent with the Incheon District Court B regarding the instant apartment on October 24, 2012, and the Defendant filed a report on the right and demand for distribution against the executing court by asserting that it is a small lessee under Article 8 of the Housing Lease Protection Act concerning the instant apartment.

E. On September 30, 2013, a court of execution prepared and presented a distribution schedule to the Plaintiff, who is the applicant creditor and the mortgagee, as the mortgagee, and to distribute KRW 20,000,000 to the Defendant, who is the lessee of small claims (hereinafter “instant distribution schedule”), and the Plaintiff stated an objection against the total amount of dividends to the Defendant.

[Ground of recognition] Evidence Nos. 1, 3 through 8, the purport of the whole pleadings

2. Determination as to the claim of demurrer against distribution

A. The plaintiff asserts that the main purport of the parties' assertion is that the defendant is the most lessee who entered into a lease agreement for the purpose of receiving a dividend in the instant auction procedure, and thus, the instant distribution schedule should be revised.

On the other hand, the defendant asserts that the apartment of this case is the small lessee who actually entered into a lease contract and has paid the lease deposit.

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