(영문) 인천지방법원 2015.03.05 2014가단36855

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(영문) 인천지방법원 2015.03.05 2014가단36855

배당이의의 소

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1. The plaintiff's selective claims are dismissed, respectively.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on November 12, 2010 with respect to the instant housing.

B. C took out a loan of KRW 128,00,000 from the Plaintiff on the same day, and completed the registration of creation of a neighboring mortgage of KRW 169,00,000 with respect to the instant housing.

C. On August 12, 2013, C and the Defendant concluded a lease agreement with the term “26,00,000 won for lease deposit, and the term of lease from August 19, 2013 to August 19, 2015.”

By August 19, 2013, the Defendant paid C the lease deposit of KRW 26,00,000,000 to C, completed the resident registration on the same day, obtained the fixed date in the lease contract, and began to reside after delivery of the instant house.

E. On November 5, 2013, the Plaintiff applied for a voluntary auction on the instant housing and rendered a voluntary decision to commence the auction to the Incheon District Court B.

F. On December 26, 2013, the Defendant filed a report on rights and filed an application for demand for distribution by asserting that he/she is a small lessee.

G. On May 27, 2014, the above court drafted a distribution schedule that distributes KRW 22,00,000 to the Defendant and KRW 109,345,217 to the Plaintiff.

H. The Plaintiff raised an objection to the total amount of the Defendant’s dividend on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, Eul 1 to 15 evidence, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that the amount of dividends against the Defendant should be revised to KRW 0,345,217 among the above distribution schedule as the Defendant is the most lessee, and that the amount of dividends against the Plaintiff should be revised to KRW 131,345,217. Therefore, in 2), the Defendant paid KRW 26,00,000 deposit to C, and the fact that the Defendant leased and resided in the instant house is insufficient to recognize that the evidence submitted by the Plaintiff alone is the most lessee. Therefore, the Plaintiff’s above assertion is without merit.

B. Determination on the claim for revocation of the fraudulent act is 1.

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