logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.03.23 2015가단19611
배당이의의 소
Text

1. In the case of voluntary auction of real estate C in this Court, the above court against the defendant in the attached table prepared on April 2, 2015.

Reasons

1. Basic facts

A. On February 26, 2013, E completed the registration of the establishment of a lower priority over the maximum debt amount of KRW 60 million in the future of the Plaintiff with respect to F apartment 104, 903, the ownership of Gyeyang-gu Incheon, Incheon.

B. On January 8, 2013, E prepared a lease contract with the Defendant stating deposit amount of KRW 22 million with respect to the part of the above apartment among the above apartment units, and the Defendant completed the move-in report and the fixed date on the lease date on the 25th of the same month.

C. On July 21, 2014, the procedure of voluntary auction (this court C) was initiated regarding the above apartment.

On April 2, 2015, the execution court distributed the above 22 million won to the defendant who applied for a demand for distribution as a small lessee on the date of distribution as of April 2, 2015, and the plaintiff raised an objection.

[Grounds for recognition: Gap 1 to 3, evidence 7 (including partial number of heading; hereinafter the same shall apply)

(2) 【Each entry】

2. The plaintiff asserts the defendant's dividends. As to the amount of the deposit that the defendant paid to E based on the above lease, the plaintiff's judgment as to the cause of the claim is examined.

If Gap 4, 6 evidence, Eul 1, 9 evidence, and Eul 1 to 9 evidence, and the purport of the whole argument in witness Eul's testimony is seen, E and non-party G are in the front line of the same industry, and they prepared the above lease contract in the name of the defendant, who is the child of G, without the involvement of the broker, in the name of the defendant (after the above apartment auction was completed, the co-defendant D's lease contract was prepared about the remaining 1 column as the above apartment auction was imminent). The landlord testified to the effect that "E was present in this court as a witness and received 13 million won as the lease deposit from the defendant's side," even according to the financial data (Evidence No. 9, etc.) submitted by the defendant, the details of the payment of deposit exceeding the above 13 million won (transfered on January 17, 2013) are not present.

The defendant satisfied the requirements for setting up against the tenant as a small tenant.

(b) if any;

arrow