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(영문) 서울남부지방법원 2014.10.14 2014가단4860
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the Plaintiff’s preparation of the distribution schedule and the Plaintiff’s written evidence Nos. 1 and 9, the instant distribution schedule was prepared in the Yangcheon-gu Seoul Metropolitan Government case of applying for the auction of real estate B, which was owned by Nonparty C, to distribute KRW 404,458,983 to the Defendant of the applicant creditor, from the case of applying for the auction of real estate B in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant auction real estate”), and the Plaintiff was present as the lessee on the date of distribution on January 17, 2014, and raised an objection against KRW 26 million out of the Defendant’s amount of dividends, but the instant distribution schedule was not modified.

2. Determination as to the cause of claim

A. On February 20, 2012, the Plaintiff, as the owner at the time of the instant auction on February 20, 2012, paid a deposit of KRW 26 million from E, which is the Plaintiff’s death penalty (the Plaintiff’s rejection of the Plaintiff’s type C), and transferred the lease, and transferred the lease to the move-in report, the Plaintiff constitutes a small-sum lessee under the Housing Lease Protection Act, and thus, the distribution schedule should be revised as stated in the purport of the claim.

B. The following facts are acknowledged as follows: (a) the Plaintiff and the Defendant did not dispute with each other; or (b) Gap evidence Nos. 2-1 to 4; (c) Gap evidence Nos. 5-1 and 2; and (d) Gap evidence Nos. 6; and (c) the purport of the entire pleadings.

1) Regarding one column for the room of the instant auction real estate, the date of preparation is indicated as of February 20, 2012, and the KRW 26 million for the Plaintiff, the lessor, the E, the deposit, 26 million (a contract deposit of KRW 1 million is the contract date, the intermediate payment of KRW 10 million is the contract date, the intermediate payment of KRW 10 million, February 27, 2012, and the remainder of KRW 13 million is the same year.

5. 22. Each payment made on May 22, 2012. The lease contract (hereinafter “instant lease contract”) written from May 22, 2012 to 24 months.

(ii) is drawn up. 2) from the Plaintiff’s account to the account in the name of C (RosterC), 3 million won on February 20, 2012, 10 million won on February 27, 2012, and 10 million won on the 27th day of the same month; and

5. 22.10 million won, 3 million won per month, respectively.

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