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(영문) 인천지방법원 2015.04.23 2014가단43280
배당이의의 소
Text

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 purchased at KRW 9,000,000 (the instant house) on March 18, 201, the third floor Down-gu Incheon Metropolitan Government KRW 301 (the instant house) on March 18, 201, and completed the registration of ownership transfer on April 28, 201.

B. On April 28, 2011, the Plaintiff lent KRW 63,000,000 to C. As to the instant housing, the Plaintiff completed the registration of creation of a collateral of KRW 82,00,000 with respect to the instant housing.

C. On March 19, 2011, the Defendant entered into a lease contract with C and the instant house at KRW 22,00,000,000, with respect to the lease deposit, and the same year.

5. 12. The same year after obtaining a fixed date in the above lease contract;

5.13. Completion of resident registration;

On November 13, 2013, the Defendant applied for a compulsory auction on the instant real estate, and the decision of compulsory auction was rendered to the Incheon District Court B, and the Defendant filed an application for a report of right and a demand for distribution by asserting that it is a small lessee in the said auction procedure.

E. On June 19, 2014, the aforementioned court prepared a distribution schedule that distributes KRW 22,00,000 to the Defendant and KRW 27,681,998 to the Plaintiff.

The plaintiff raised an objection to the total amount of the defendant's dividends on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim of demurrer against distribution

A. The plaintiff asserts that the main purport of the plaintiff's assertion is that the defendant is the most lessee who formally received a move-in report and a fixed date in order to receive the preferential dividend as a small lessee, and that the defendant should delete the dividend amount of KRW 22,00,000 against the defendant and revise the distribution schedule by allocating it to the plaintiff.

The defendant asserts that this is the real lessee of the real estate of this case.

B. Therefore, the fact that the Defendant concluded a lease contract with C by setting the lease deposit amount of KRW 22,00,000 with respect to the instant housing as KRW 22,00,000 is as seen earlier in the facts of the foregoing basis, and all pleadings in the statement Nos. 1 through 9 are recorded.

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