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(영문) 대구지방법원포항지원 2015.11.27 2015가단7136
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On the date of distribution implemented on August 6, 2015, North Korea-gu E 101 Dong 203 (hereinafter “instant apartment”) owned by Nonparty F and G. On February 9, 2015, the procedure for voluntary auction was commenced to the Daegu District Court Port Branch C with respect to the said real estate, and the said court prepared a distribution schedule with the Defendants’ dividends as indicated below on the date of distribution implemented on August 6, 2015.

B. The Plaintiff reported the right to preferential payment under the Housing Lease Protection Act to the above court, but was excluded from the dividend.

C. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection as indicated in the table below with respect to the dividend against the Defendants, and filed the instant lawsuit on January 12, 2015.

B [Grounds for Recognition] The absence of dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is a tenant who has the requisite to set up against the Housing Lease Protection Act and the fixed date pursuant to Article 8 of the Housing Lease Protection Act by leasing the apartment of this case from G and F, and therefore, is entitled to receive preferential dividends from the defendants as a tenant of small amount under Article 8 of the same Act. Thus, the plaintiff asserts that the amount of dividends against the defendants should be corrected to the extent stated in the purport of the claim in the

As to this, the Defendants did not have actually leased the apartment of this case, but did not demand a distribution by pretending to the lease agreement relationship with G, the father, and F, the Plaintiff. Therefore, the Defendants asserted that the dividend was paid to them in the said distribution procedure.

B. According to the evidence evidence Nos. 2, 5, 7, 8, and 2 through 4, the Plaintiff transferred to G on October 10, 2013 that the head of the household was a person living together with G on March 27, 2014; the Plaintiff transferred KRW 35 million to G on March 27, 2014; the date of preparation between the Plaintiff, G, and F.

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