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(영문) 대구지방법원 2016.02.17 2015가단34908
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On February 27, 2013, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) concluded a lease agreement to lease the entire 83.79 square meters of the leased deposit amount of KRW 40,000,000 and KRW 300,000 per month of rent, with the entire 83.79 square meters of the housing indicated in the separate sheet with D and the attached sheet (hereinafter “instant housing”).

B. On February 27, 2013, the Selection C entered into a lease agreement with D and 10.35 square meters of the second floor of the instant housing to lease at KRW 20,000,000 of a lease deposit.

C. On February 27, 2013, the Plaintiff and the Selected C completed each move-in report on the instant housing, and obtained a fixed date in each lease contract on February 25, 2014.

D On April 15, 2013, a contract was concluded to sell E and the instant housing in KRW 500,000,000, and on the same day, the registration of ownership transfer was completed for the instant housing due to the said sale in the future E.

E. As to the instant house, the Defendant concluded a mortgage contract with E on April 15, 2013, which constitutes a maximum debt amount of 443,300,000, and completed the establishment registration of a mortgage on the same day. ② On December 30, 2014, the Defendant concluded a mortgage contract which constitutes F and the maximum debt amount of 441,00,000, and completed the establishment registration of a mortgage on the same day.

The defendant applied for an auction for the enforcement of the right to collateral security to Daegu District Court B on the basis of the above right to collateral security, and the above court rendered a decision to commence auction on January 21, 2015, and completed the entry registration of the above decision on the same day.

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion and the designated parties C seek revision of the distribution schedule, as stated in the purport of the claim, inasmuch as the Plaintiff and the designated parties C were distributed to the Defendant as the dividends to be distributed to the Plaintiff and the designated parties C were unfairly excluded from dividends, even though they fall under the lessee who has prior preferential rights to payment to the Defendant in the Daegu District Court B auction procedure (hereinafter “instant auction procedure”) regarding the total amount of lease deposit under the Housing Lease Protection

(b) judgment;

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