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(영문) 인천지방법원 2016.04.05 2015가단35606
배당이의의 소
Text

1. The plaintiff's main claim is dismissed.

2.(a)

With respect to real estate recorded in the attached list between the defendant and B.

Reasons

1. Basic facts

A. In order to secure the above loan claims by lending KRW 189,00,000 to Nonparty B, the Plaintiff completed the registration of creation of a collateral on the real estate listed in the separate sheet owned on February 26, 2010 (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 245,70,000, and the debtor B and the mortgagee as the Plaintiff.

B. As to the instant real estate, the Plaintiff filed an application for a voluntary auction of the instant court C real estate based on the right to collateral security as stated in the said Paragraph 1. On November 5, 2014, the lower court rendered a voluntary decision to commence auction on November 5,

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On the other hand, on May 8, 2014, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate as KRW 25,00,000,000, by setting the lease deposit as KRW 25,000. On November 21, 2014, the Defendant reported the right as a lessee at the instant auction procedure and made a demand for distribution.

On June 18, 2015, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 20,000,00 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, and KRW 435,420 to the Bupyeong-gu Incheon, the holder of the right to deliver (the pertinent tax), and the Plaintiff, the applicant creditor or the mortgagee, who is the right to claim a distribution, to the third order, to distribute each of KRW 160,352,051 (hereinafter “instant distribution schedule”).

E. On June 24, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on June 24, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Gap evidence 2, and 3 respectively, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s primary claim is the Plaintiff’s primary claim, and the Plaintiff is the most lessee of the Defendant, and the amount of KRW 20,000,000 against the Defendant out of the instant distribution schedule should be adjusted to KRW 0,00,00, and KRW 160,352,051 of the amount of dividends against the Plaintiff should be adjusted to KRW 180,352,051. 2) The judgment of KRW 180,352,051, respectively.

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