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(영문) 광주지방법원 2015.07.09 2014가단51874
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff is a creditor holding a claim of KRW 178,056,254 against the non-party D, and filed an application for auction of real estate under this court C with respect to the 2-dong, Dong, 311 (hereinafter "the apartment of this case"), Dong, Dong, Dong, Dong, 2, 311 (hereinafter "the apartment of this case") owned by D on January 29, 2014. The auction court opened a date of distribution on October 24, 2014 and opened a date for actual distribution of KRW 85,593,90 to the defendant, the lessee, in the second priority order, with the amount of KRW 35,00,00 and KRW 6,180 to the non-party, the creditor, in the third priority order, and the court did not suspend the distribution schedule with respect to the part of this case where the plaintiff made a statement that he/she had an objection to the whole amount of distribution on the distribution date, and there is no dispute between the parties.

2. The plaintiff's judgment as to the cause of the plaintiff's claim is that D (the plaintiff's money) prepared a false lease contract with the defendant and made a move-in report, and that D (D) operated the defendant as the most lessee for the apartment of this case in collusion with D, and therefore, it is unreasonable to distribute the above money to the defendant, despite the fact that D (D)'s or F (the defendant's know-how) operated the defendant as the most lessee for the apartment of this case's apartment of this case. Thus, it is not sufficient to acknowledge it, and there is no other evidence to acknowledge it. Rather, in full view of the entries in subparagraphs 1 through 8, and the result of the defendant's personal examination and the whole purport of oral argument, D and the defendant's agent obtained a move-in report from D and D to lease the apartment of this case as the lease contract with the defendant for a fixed period of 35,000,000 won and 24 months from the expiration date (hereinafter "the lease contract of this case"), and the defendant obtained the move-in report.

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