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(영문) 서울중앙지방법원 2015.01.29 2014가단170259
배당이의
Text

1. A lease contract concluded on April 3, 2013 with regard to the real estate stated in the separate sheet between the Plaintiff (Counterclaim Defendant) and B is concluded.

Reasons

1. Basic facts

A. In the Seoul Central District Court C real estate auction case, the real estate stated in the attached Form (hereinafter “instant real estate”) was sold.

B. From the above auction case to April 3, 2013, the Plaintiff leased the instant real estate from B during the period from April 3, 2013 to April 2, 2015, with a deposit of KRW 40,000,000, and the lease period from April 3, 2013 to April 2, 2015. The same month.

8. The move-in report was completed, and the report of rights and the demand for distribution was made as a small lessee by asserting that he received the fixed date on the same day.

C. On August 5, 2014, the instant court: (a) distributed KRW 389,318,664 to the Defendant, a mortgagee, who was the right to collateral security; and (b) drafted a distribution schedule with the content that the Plaintiff did not make any distribution at all.

The Plaintiff appeared on the aforementioned date of distribution, and stated that he/she raised an objection against KRW 25,00,000 among the amount distributed to the Defendant. On August 11, 2014, the Plaintiff filed a lawsuit of demurrer against distribution with the instant court.

The Plaintiff remitted total of KRW 31,500,000 to the account in B’s name on April 3, 2013, and KRW 31,500,000 on April 27, 2013, and filed a move-in report on the instant real estate on April 8, 2013.

E. On March 21, 2012, the instant real estate was established as a collateral (debtor B and the Defendant) with a maximum debt amount of 500,500,000,000, and each of the registrations of entries was completed on May 7, 2012, on the claim amounting to 2,00,000,000 provisional attachment decision (creditor D), and on November 26, 2012, on the claim amounting to 13,254,514 provisional attachment decision (creditor D), which was the provisional attachment decision (creditor’s Social Co., Ltd.).

F. B around April 3, 2013, no evidence exists to deem that there was no particular property other than the instant real estate, and the average sale price of the instant real estate was KRW 450,000,000, average price was KRW 255,000,000, and the appraisal price at the said auction case was KRW 430,000.

On October 24, 2013, the amount of the defendant's claim reported at the time of the decision to commence the auction case was about KRW 466,450,17.

[Ground of recognition] Unsatisfy, Gap 1 through 6 evidence, Gap 9, 10 evidence, Eul 1's whole purport of pleading

2. Determination;

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