logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.02.17 2015가단4782
배당이의
Text

1. The distribution schedule prepared on January 23, 2015 by the above court with respect to the case of compulsory auction by official auction by Seoul Southern District Court E.

Reasons

1. Facts recognized;

A. On March 15, 2012, the Plaintiff entered into a lease agreement with F on KRW 103 of the Yeongdeungpo-gu Seoul Metropolitan Government Ground Building (including land and buildings; hereinafter “instant real estate”) at KRW 25,000,000 for rental deposit (hereinafter “instant lease agreement”) between F and F, and the same year

3. The move-in report and the fixed date was received;

B. After that, Seoul Southern District Court E rendered a decision to commence compulsory auction on June 16, 2013.

C. On December 3, 2012, Defendant B concluded a lease contract with KRW 25 million with respect to one room among the three floors of the instant real estate, and claimed that it is a lessee who has completed the move-in report on October 19, 201, and made a report on the right to the said deposit and a demand for distribution during the said auction procedure. Defendant C also concluded a lease contract with respect to KRW 50 million with respect to the first room among the three floors of the instant real estate on July 12, 2012, and claimed that the lessee who has completed the move-in report on July 19, 2012, Defendant D, who is his father, concluded a demand for distribution on July 12, 2012, concluded a lease contract with respect to KRW 38 million with respect to KRW 103,00,000 among the instant real estate on July 12, 201, and prepared the said move-in report with respect to each of the Defendants as the lessee and each of the distribution schedule.

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the dividend of the Defendants, and filed the instant lawsuit on January 28, 2015.

[Ground of recognition] Defendant B and C: The non-contentious facts, Gap 1 through 5, Eul 1 to 5, Eul 1 to 5, the purport of the whole pleadings against Defendant D: The entries in Gap 1 to 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants alleged by the Plaintiff are those who actually leased the instant real estate.

arrow