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(영문) 인천지방법원 2016.12.14 2015가단212533
배당이의
Text

1. Of the distribution schedule prepared on March 25, 2015 by the above court with respect to the case of a voluntary auction of real estate B in the Incheon District Court.

Reasons

1. Basic facts

A. On July 21, 2011, the Plaintiff leased KRW 130 million to C on July 21, 201, according to the agreed interest rate on July 21, 2014, according to the highest interest rate of 18% per annum. With respect to Article 401 (hereinafter “instant real estate”), the Incheon District Court’s East Incheon District Court’s East Incheon District Court’s 27685, July 21, 201, as to Article 401 (hereinafter “instant real estate”), the establishment registration of a mortgage for the debtor C was completed.

B. After that, on April 18, 2014, upon the Plaintiff’s request, the procedure of the auction of real estate was commenced regarding the instant real estate to this court B, and the Defendant asserted that C is a small lessee who leased the instant real estate in KRW 20,000,000 from the lease deposit, and filed a report on the right and demand for distribution.

C. On March 25, 2015, the instant court: (a) distributed KRW 20,000,000 to the Defendant as the first-class lessee on the date of distribution of the said voluntary auction case; and (b) drafted a distribution schedule with the content that distributes KRW 82,325,896 to the Plaintiff, in the second-class lessee.

(hereinafter “instant distribution schedule”). D.

On the date of distribution, the Plaintiff raised an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit on March 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion that the lease agreement entered into between the Defendant and C is invalid as a false declaration of agreement. The Defendant merely is the most lessee. As such, the Defendant’s deletion of the Defendant’s dividend amount and distribution should be made to the Plaintiff out of the instant distribution schedule. 2) The Defendant’s assertion that the Defendant leased the instant real estate from C on February 18, 2012, and paid the lease deposit KRW 20 million in full.

Since F was actually residing in E, the Defendant’s children, the real estate of this case, the Defendant is a genuine lessee.

(b) Nos. 3, 5, and 6, and Nos. 1, 2, and 3, respectively.

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