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(영문) 수원지방법원 2016.04.26 2015가단108235
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. As to the real estate listed in the separate sheet between the Defendant and B, July 2014.

Reasons

1. Basic facts

A. On July 2, 2014, the Defendant concluded a lease agreement with B on the lease deposit amounting to KRW 15,00,000, KRW 500,000 per month of rent, and KRW 7,700 per July 7, 2014 of lease term from July 7, 2014 to July 6, 2016 (hereinafter “instant lease agreement”).

B. The Plaintiff is a creditor who completed the registration of the establishment of a neighboring mortgage with respect to the instant real estate as collateral against the claim against B, the Suwon District Court, Magwon, Magwon, Magwon, and Magwon, 18540,000, the maximum debt amount of which is KRW 150,000.

C. On July 18, 2014, the instant real estate was voluntarily decided by this Court C.

In the distribution procedure of the instant case made on March 10, 2015, the Defendant received dividends of KRW 15,000,000 in the first order as a small lessee. The Korea Standards Bank (hereinafter referred to as the “Korea Standards Bank”) received dividends of KRW 292,817,831 in the second order as a applicant creditor. The Plaintiff received dividends of KRW 56,626,449, the remaining amount in the third order.

The plaintiff appeared on the date of the above distribution and raised an objection against the total amount of the defendant's dividends.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the primary claim 1) The lease agreement between the Defendant and B is null and void as a false declaration of agreement. Since the Defendant actually did not pay the lease deposit to B as the most lessee, the Defendant does not have the claim for the refund of the lease deposit amount of KRW 15,00,000 against B. Therefore, the distribution schedule should be revised to delete the amount of dividends of KRW 15,00,000 against the Defendant and distribute the said amount to the Plaintiff. (2) Determination as to the primary claim 1, 2, Eul evidence 3-1, 3-2, Eul evidence 4, Eul evidence 5-1, 2, 6, and 7-2, and the testimony of witness D.

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