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(영문) 수원지방법원평택지원 2015.04.24 2012가단20517
배당이의
Text

1. The Suwon District Court prepared on December 20, 2012 with respect to the auction of the status of real estate C, which was prepared by the said court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who completed registration of ownership preservation on the remainder of the section for exclusive use, including the Plaintiff’s completion of registration of housing site costs in Suwon District Court in relation to the 301 multi-household No. 301 (hereinafter “instant housing”) of the said multi-household No. 301 (hereinafter “instant multi-household No. 301”) by constructing a multi-household housing with the fourth floor of reinforced concrete structure sloping roof on the ground of Pyeongtaek-si D, and the registration of ownership preservation on May 26, 2009.

B. On January 7, 2010, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant housing, setting the F, claiming that the Plaintiff was delegated the lease authority by the Plaintiff and the deposit amount of KRW 18,000,000, and the period from November 10, 2010 to November 9, 2012.

The contract of the above lease contains the name of the Plaintiff as the lessor, and the following is stated as the lessor’s agent “G and fence F”.

C. However, on December 20, 2012, which was the date of the voluntary auction procedure in Suwon District Court, which was in progress with respect to the instant housing upon the application by the Korea Asset Management Corporation (hereinafter “instant auction procedure”), the said court was a lessor under the instant lease agreement. Under the premise that the Defendant is a lessee, the Defendant distributed KRW 14,00,000 out of KRW 66,532,103, which is the amount to be actually distributed, to the Defendant in the first order, and the remaining KRW 52,532,103, which is distributed to the Korea Asset Management Corporation in the second order (hereinafter “instant dividend schedule”).

On the date of the above distribution, the Plaintiff appeared as the debtor and the owner, and raised an objection to the entire amount of KRW 14,00,000 against the Defendant, and filed the instant lawsuit on December 27, 2012, which is within one week thereafter.

E. Meanwhile, on December 9, 2014, F, which concluded the instant lease agreement with the Defendant, drafted the instant lease agreement, which is a private document with respect to the rights and obligations by gathering the qualification of the Plaintiff’s agent.

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