logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.06.11 2014가단36169
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. On February 22, 2006, the Defendant entered into a lease contract with the amount of KRW 20,000,000 as lease deposit for E and the instant house, for which the owner of the real estate stated in the purport of the claim (hereinafter “instant house”) was the owner, and the same year.

3.6. The moving-in report of the instant house was completed and it was difficult to do so.

B. The Defendant and E increased the deposit to KRW 23,000,000 on August 2008.

C. C purchased the instant housing from E on October 10, 201, and completed the registration of ownership transfer on the instant housing on December 9, 201.

On December 9, 2011, the Plaintiff loaned KRW 50,000,000 to C, and completed the registration of establishment of a neighboring maximum debt amount of KRW 60,00,000 with respect to the instant housing owned by C on the same day.

E. On December 9, 2011, the Defendant and C concluded a lease agreement with the term “22,00,000 won for lease deposit, and the term of lease from December 9, 2011 to December 9, 2013” regarding the instant housing.

(f) In concluding the above lease contract, C would have to reduce the lease deposit to the Defendant by KRW 1,00,000,000. Thus, C requested the Defendant to transfer the resident registration for 2,30 days, but to transfer it again.

Accordingly, on December 9, 201, the defendant transferred the F apartment 7 Dong 117, Seo-gu, Incheon, Seo-gu, Incheon, and again made a moving-in report on the house of this case on December 12, 201, and obtained a fixed date in the above lease contract.

G. On April 24, 2013, the Plaintiff applied for a voluntary auction and rendered a voluntary decision to commence the auction of the instant housing.

(In the above auction procedure, the defendant asserted that he is a small lessee and filed an application for a report on rights and a demand for distribution.

H. On May 22, 2014, the aforementioned court drafted a distribution schedule that distributes KRW 22,00,000 to the Defendant and KRW 23,485,023 to the Plaintiff.

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

[Ground of recognition] There is no dispute.

arrow