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(영문) 의정부지방법원 2016.07.06 2015가단41701
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (1) With respect to the D Apartment and 1205, Dong 103, Dong 1205 (hereinafter “instant real estate”), public auction proceedings were conducted by the Korea Asset Management Corporation B.

(2) On June 27, 2013, the Defendant (Lessee) leased the instant real estate from C (Lessor and the Defendant’s attachment) with the deposit amount of KRW 1.3 million, and the lease period of the instant real estate from July 29, 2013 to July 29, 2015.

The Defendant made a move-in report to the location of the instant real estate on August 9, 2013, and received a fixed date on June 24, 2014.

(3) Although the Plaintiff had a loan claim exceeding KRW 560,000 against C, according to the distribution statement prepared by the said Corporation on November 18, 2015, the amount allocated to the Plaintiff was set at KRW 0,000 and the amount distributed to the Defendant was KRW 117,16,135.

[Grounds for recognition] Unsatisfy, Gap-5's entries, the purport of the whole pleadings

2. The Defendant, the cause of the claim, is C’s son’s son. The Defendant transferred only the resident registration to the instant apartment on August 9, 2013, and did not actually reside, and C concluded a lease contract with the Defendant having received KRW 1.3 million deposit from the Defendant. Although the Defendant did not have concluded a lease contract with the Defendant, the Defendant prepared a false lease contract with the purport that “the Defendant leased the instant apartment from his father C with the lease deposit of KRW 1.3 million on June 27, 2013,” and, as if the Defendant had a claim for the refund of the lease deposit amount of KRW 1.30 million against C, the Plaintiff, the obligee of C, who was the Defendant, was the creditor of C by bearing a false loan with the Defendant, as if he had a claim for the refund of the lease deposit amount of KRW 117,16,135, as a small lessee, the amount allocated to the Defendant ought to

3. (1) In a lawsuit of demurrer against distribution, the Plaintiff is liable to assert the grounds for demurrer against distribution, and the Plaintiff is established as the grounds for objection against distribution.

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