beta
Text
1. The Daejeon District Court C prepared on December 28, 2016 in the distribution procedure of the dividends of the real estate auction case.
Reasons
1. Basic facts
A. On December 28, 2016, a distribution schedule was formulated to distribute KRW 14,00,000 to the Defendant and F on the ground that the Plaintiff is the applicant creditor and the mortgagee, and KRW 53,927,568 (hereinafter “instant distribution schedule”) on the ground that the Plaintiff is the applicant creditor and the mortgagee and the mortgagee.
B. On the date of distribution on December 28, 2016, the Plaintiff raised an objection to the total amount of dividends of the Defendant and F on the date of distribution, and filed a lawsuit of demurrer against distribution on January 2, 2017.
C. On June 12, 2017, the distribution schedule was drawn up, which corrected F’s dividend amount to KRW 12,00,000, and the dividend amount to the Plaintiff at KRW 55,927,568, among the instant distribution schedule.
[Ground of recognition] Evidence No. 8, Evidence No. 9, and purport of the whole pleadings
2. The assertion and judgment
A. (1) The Defendant’s lease agreement on the Plaintiff’s instant housing is false, and the Defendant is the most lessee, and thus, the instant dividend table distributed to the Defendant on the ground that it is the priority lessee ought to be revised.
(2) As the Defendant entered into a lease contract of KRW 14,00,000 and actually resided in the instant house, it shall be paid KRW 14,00,000.
B. (1) In fact, on August 10, 2015, the lease deposit 14,000,000 form lease contract was written on August 10, 2015 with respect to the instant housing between the Defendant and D, and the one written contract was written on September 22, 2015 with a fixed date and on September 23, 2015 with respect to the leased portion, and the one written contract was written on September 23, 2015 with respect to the leased portion, kitchen, and the fixed date.
(2) The instant housing consists of two kitchens and one kitchen. On August 15, 2015, the instant housing consists of two kitchens and one kitchen, and on August 15, 2015, a lease agreement was made between D and F, one room and one kitchen.
(3) The Defendant did not pay D the lease deposit of KRW 14,00,000,000, and the former.