(영문) 인천지방법원 2017.07.14 2016가단240832

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(영문) 인천지방법원 2017.07.14 2016가단240832

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 13 to 15:

In the auction procedure of the Incheon Gyeyang-gu and the first floor No. 104 (hereinafter “instant real estate”), the above court prepared a distribution schedule to distribute the amount of KRW 97,343,531 to the Defendant, who is the mortgagee, on September 6, 2016.

B. In the above auction procedure, the Plaintiff asserted that he/she was entitled to receive a dividend prior to the Defendant as a small lessee, but was excluded from the distribution.

The Plaintiff appeared on the date of distribution of the above auction procedure and raised an objection against KRW 28 million out of the dividend amount against the Defendant.

2. The Plaintiff asserted that the lease contract was concluded between D and D on September 2009 by setting the lease deposit amount of KRW 28 million with respect to the instant real estate.

After that, on September 3, 2013, the above contract was renewed, and the lease contract was prepared with the above content, and obtained the fixed date on January 20, 2015.

Therefore, in the auction procedure of this case, the Plaintiff is entitled to receive a dividend of KRW 20 million as a small lessee. Thus, the instant dividend table should be revised by reducing the amount of KRW 20 million out of the dividend amount against the Defendant, and distributing the amount to the Plaintiff.

3. As to whether the Plaintiff entered into a lease agreement with respect to the instant real estate and paid the lease deposit, each of the descriptions in the health room and evidence Nos. 1 through 15 (including the number of branch numbers) is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion cannot be accepted.

4. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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