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(영문) 부산지방법원 2018.08.09 2016가단51756
배당이의
Text

1. Of the distribution schedule prepared on September 8, 2016 by the same court with respect to the auction of real estate B by Busan District Court.

Reasons

1. Facts of recognition;

A. On October 7, 2013, Busan Dong-gu C and 201 (hereinafter “instant housing”) registered the preservation of ownership in D name on October 7, 2013, the ownership transfer registration was completed on November 5 of the same year.

B. As to the instant housing, the Plaintiff’s auction procedure of real estate rent was initiated on December 2, 2015, based on the Plaintiff’s right to collateral security (registration of creation on January 21, 2014, maximum debt amount of 86,40,000 won, and debtor E).

C. On September 8, 2016, on the date of distribution, the auction court set up a distribution schedule that distributes the Defendant to the top priority small lessee, and distributes the amount of KRW 26,536,455 to the Plaintiff, who is the applicant creditor.

On September 19, 2016, the Plaintiff filed an objection to the total amount of dividends against the Defendant on the date of distribution, and filed a lawsuit of demurrer against distribution on September 19, 2016.

E. The amount of the Plaintiff’s claim on the date of distribution on the said date is KRW 72,00,000 for principal and KRW 23,417,740 for interest.

F. The Defendant on April 8, 2013 and the same year

5.2. Around January 2, 200, the instant housing was remitted and lent to F, the actual owner of the instant housing, KRW 30 million.

Around August 2013, Defendant and F decided to substitute the above loan as a lease deposit for the instant house. Accordingly, the Defendant prepared a lease contract under which the Defendant leased the instant house from E to KRW 30 million, and completed the move-in report and the fixed date to the authorities on August 29, 2013.

(hereinafter referred to as “instant lease agreement”). / [Grounds for recognition] The following facts: Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, 3, 8, 9, 10, and 11 are written (including serial numbers), the purport of the entire pleadings.

2. The defendant's assertion and judgment

A. The alleged defendant lent 30 million won to F (E's spouse) who is the actual owner of the instant housing to F (E's spouse), and then will substitute the said 30 million won as the lease deposit for the instant housing.

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