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(영문) 인천지방법원 2014.12.11 2013가단237279
배당이의
Text

1. The Incheon District Court C and D (Consolidated) shall be drawn up on November 26, 2013 by the same court with respect to the auction of real estate.

Reasons

1. Basic facts

A. E completed the registration of transfer of ownership on May 22, 2007 with respect to Nos. 201 and 403 (hereinafter “No. 201” and “No. 403”) of the Nam-gu Incheon Metropolitan Government Ftel (hereinafter “instant building”).

B. As to the above 201 and 403 on December 6, 2006, the National Agricultural Cooperative Federation is a mortgagee with a right to collateral security of KRW 1,200,000,000.

The plaintiff was transferred the above collateral security from the National Agricultural Cooperative Federation.

C. On June 3, 2010 with respect to the foregoing 403, the Incheon District Court C rendered a voluntary decision to commence the auction, upon the application of creditor G, and on October 4, 2010 with respect to 201 and 403, the decision to commence the auction was rendered voluntarily to the Incheon District Court D upon the application of creditor National Agricultural Cooperative Federation.

In the auction procedure described in Paragraph (c) above, the Defendants asserted that they are small tenants and their assignees and filed an application for a report on rights and a demand for distribution. On November 26, 2013, the distribution schedule was prepared to distribute the amount of KRW 10,676,171 to Defendant A, and KRW 16,00,000 to Defendant B, and KRW 1,079,91,138 to the Plaintiff.

E. The Plaintiff stated an objection against the total amount of the Defendants’ dividends on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The plaintiff asserts that Defendant A is the most lessee who prepared a lease contract, etc. to receive dividends in the auction procedure.

B. Therefore, comprehensively taking account of the descriptions of the evidence No. 1, No. 3-1, No. 1, and No. 2 and the response of the order to submit the above financial transaction information, Defendant A entered into a lease contract for the lease on a deposit basis of KRW 20,000,000 with respect to E and No. 403 around April 28, 2009. Defendant A paid the above lease deposit amount of KRW 20,000,000 to E around that time, and received the delivery of KRW 403, and Defendant A completed the move-in report with the fixed date fixed in the lease contract on July 23, 2009. The evidence submitted by the Plaintiff and this.

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