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(영문) 인천지방법원 부천지원 2017.01.20 2016가단113254
배당이의
Text

1. With respect to the case of auction (C (Duplicate) of real estate B (C) in the Incheon District Court Branch, the same court shall take August 31, 2016.

Reasons

1. Basic facts

A. On November 20, 2014, the creditor Bank of D Co., Ltd. (hereinafter “D Co., Ltd”) filed an application for the auction procedure of real estate rent with the Incheon District Court Branch C (Seoul District Court Branch C), and the above support B (hereinafter “instant auction”) procedure (hereinafter “the instant auction procedure”) was commenced with respect to the non-party company’s representative director and the F. 660 square meters in size in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the property of which was the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the property of the said property

B. In the instant auction procedure, the Plaintiff acquired the claim and right to collateral security against the non-party company from the Industrial Bank of Korea, filed a report on each of the rights and demand for distribution of the total amount of KRW 492,05,197 and KRW 5,959,134,727, and the Defendant filed a report on the right and demand for distribution with the executing court, asserting that some of the instant real estate (second floor) was leased from E.

C. On August 31, 2016, the said executing court drafted a distribution schedule of KRW 12,00,000 to the Defendant, and to the Plaintiff, KRW 456,00,000,00 to the Plaintiff, and KRW 140,263,646, respectively, (hereinafter “instant distribution schedule”).

On September 7, 2016, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on September 7, 2016.

[Ground of Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 6 (including the number with each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the lease agreement concluded between the defendant and E is null and void by a false agreement, and that the above defendant should delete the dividend amount and distribute it to the plaintiff.

In addition, even if the defendant is a genuine tenant, it can be protected as a small lessee under the Housing Lease Protection Act.

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