(영문) 수원지방법원 2015.05.21 2014나45376

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(영문) 수원지방법원 2015.05.21 2014나45376

배당이의

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 19, 2010, the Plaintiff loaned KRW 184,000,000 to C, and registered the establishment of a mortgage, which is the debtor C and the maximum debt amount of KRW 239,200,00,00, as the head of Suwon District Court No. 164018, Nov. 19, 2010, with respect to the Young-gu D apartment Nos. 507, 801 (hereinafter “instant apartment”).

B. Upon delay in payment of interest, C voluntarily decided to commence the auction on the instant apartment to Suwon District Court B on October 7, 2013 upon the Plaintiff’s application as a mortgagee.

C. In the above auction procedure, the Defendant claimed as a small lessee and demanded distribution. Of the amount to be actually distributed after deducting the execution cost on August 26, 2014, the above court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes each of the amount of KRW 19,00,000 to the Defendant, who is the first-class lessee of small claims, who is the second-class lessee, the second-class lessee, KRW 19,560, and KRW 210,974,658 to the Plaintiff, who is the third-class mortgagee, the third-class mortgagee (the total amount of credit of the Plaintiff, KRW 250,78,176).

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of dividends of the Defendant, and filed the instant lawsuit on September 1, 2014, which was within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 and 3, each of the statements Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The gist of the assertion argues that since the lease agreement on the apartment of this case concluded between the defendant and the defendant C constitutes a false declaration of agreement to obtain a preferential payment for small rent deposit, the distribution amount of 19 million won against the defendant, which is the most lessee, should be deleted and distributed to the plaintiff, the distribution schedule of this case should be revised.

In regard to this, the Defendant had a claim of KRW 29,460,000,00,000,000,000,000,000,000,000,000,000,00,000,000,000 won, which was one’

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