logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.06.19 2014가단15462 (1)
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The receipt number of the date of the contract establishing a premise, the maximum debt amount of KRW 492,00,000 on December 11, 2012, 200 on the receipt date of the contract, and the maximum debt amount of KRW 96,00,00 on February 28, 2013, 200 on December 28, 2013:

A. The Jeonbuk Bank Co., Ltd. completed the registration of establishment of the neighboring real estate (hereinafter “instant real estate”) as follows with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) in order to secure the present or future obligation for D.

B. In order to secure the “loan and Credit Card Purchase Claim” stated in the separate sheet, the Jeonbuk Bank applied for the auction of real estate (hereinafter “instant auction procedure”) with the Jeonju District Court C regarding the instant real estate based on each of the instant collective security rights, and the said court rendered a decision to voluntarily commence the auction on July 23, 2013.

On December 30, 2013, the Plaintiff acquired all claims against D from a financial institution under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation and notified D of the transfer. On February 6, 2014, the Plaintiff completed the registration of collateral security on the ground of the transfer of the above finalized claim.

C. On April 28, 2014, the aforementioned court recognized the Defendants as small tenants under the Housing Lease Protection Act on the date of distribution, and distributed the Defendants each of KRW 14,00,000 to the Defendants, and prepared a distribution schedule containing the contents of allocating KRW 492,00,000 to the Plaintiff, the transferee of the previous bank, as the transferee of the previous bank.

On May 1, 2014, the Plaintiff stated its significance as to the entire amount of dividends of the Defendants, and filed the instant lawsuit on May 1, 2014.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination as to the claim of demurrer against distribution (claim of the head and the lessee)

A. The Defendants asserted that the Plaintiff’s assertion is the most lessee with only the type of lessee in order to receive a dividend from the instant auction procedure as a small lessee.

arrow