(영문) 서울동부지방법원 2015.11.13 2015가단28358

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.11.13 2015가단28358

배당이의

Text

1. Between the Plaintiff and the Defendant, the Seoul Eastern District Court C (D and E overlapping real estate auction case) is subject to compulsory auction.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim and the Plaintiff filed an application for compulsory auction against Nonparty F for a real estate compulsory auction. The Plaintiff owned the claim amounting to KRW 40,00,000, interest amounting to KRW 13,992,328, and filed an application with the court for compulsory auction against the land and its ground buildings in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) owned by F to obtain the said claim, and received the decision of compulsory auction (C) on June 3, 2014.

(B) D and E auction cases were overlapped with respect to each of the above real estates.

The defendant filed a report on the right and demanded the distribution of the lease deposit with the above auction court as the lessee with the fixed date of KRW 90,000,000, and filed a report on the claim and demand for distribution as to the whole amount.

C. On July 10, 2015, the Plaintiff received distribution of KRW 33,484,437 as the creditor applying for auction on the date of distribution. On the same date, the Defendant received KRW 90,00,000 as the lessee of the Plaintiff’s senior fixed date date on the same date. The Plaintiff appeared on the date of distribution, and raised an objection against KRW 20,507,891 out of the amount of distribution against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that since the defendant in collusion with F and entered into a false rental agreement, the defendant's dividends should not be paid to the defendant, and 20,507,891 out of the defendant's dividends should be paid to the plaintiff.

In regard to this, the Defendant: (a) partially leased the three-story of the instant real estate in close distance to rebuilding the housing owned by the Defendant; (b) on July 29, 2013, the deposit amount of KRW 49.5 million was paid to the account on July 30, 2013; and (c) the remainder was paid in cash; and (d) the move-in report and the fixed date was a genuine

B. Whether the Defendant is the most lessee or not.

유사 판례

-부산지방법원 2018.01.30 2017가단5095

-청주지방법원충주지원 2015.04.09 2014가단22485

-부산지방법원 2018.11.15 2018나45107

-의정부지방법원고양지원 2016.05.13 2015가단87878

-수원지방법원안산지원 2015.06.02 2014가단118161