(영문) 인천지방법원 부천지원 2017.02.23 2016가단114684

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(영문) 인천지방법원 부천지원 2017.02.23 2016가단114684

배당이의

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1. On September 29, 2016, drafted by the relevant court with respect to the auction case of the real estate B located in Incheon District Court.

Reasons

1. Description of the claim;

A. In the case of a real estate rental auction conducted to the Busan District Court Branch Branch support B with respect to the real estate stated in the attached Form 1 (hereinafter “the apartment of this case”), the Defendant concluded a lease contract with the owner of the apartment of this case with the owner of the apartment of this case as KRW 30 million and received a fixed date, and filed a report on the right and demand for distribution.

B. On September 29, 2016, the above court: (a) recognized the Defendant as a lessee of small claims having the right of priority payment; (b) distributed KRW 16,00,000 to the Defendant; and (c) drafted a distribution schedule that distributes KRW 183,830,939 to the Plaintiff as a second-class mortgagee (hereinafter “instant distribution schedule”).

C. On November 28, 2014, the Defendant was in the marital relationship with C, a lessor, and was in the marital relationship with C on November 28, 2014 and was in the marital relationship with C, and there was no time to move to the instant apartment after August 8, 200, and the lessor is also residing in the instant apartment.

On December 15, 2015, immediately before the commencement of auction, the transfer on December 15, 2015, the lease agreement between the defendant and C is false, and the defendant is the most lessee, in light of the fact that C does not have any lessee on the certificate of lease submitted by C to the Korean bank, that the defendant intentionally denied the relationship with C at the time of the investigation of the status of the enforcement officer, and that the deposit for lease was insufficient.

Therefore, it is unreasonable to distribute the Defendant KRW 16,00,000 to the Defendant. Therefore, the amount of KRW 16,00,000 to the Defendant out of the instant distribution schedule should be adjusted to KRW 0, and KRW 183,830,939 to the Plaintiff should be adjusted to KRW 19,830,939, respectively.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

참조조문

-민사소송법 제208조 제3항 제3호

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