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(영문) 인천지방법원부천지원 2016.04.19 2015가단7918
배당이의의소
Text

1. The plaintiff's main claim is dismissed.

2. As to the real estate stated in the separate sheet between the Defendant and C, February 2014.

Reasons

1. Basic facts

A. On February 14, 2014, the Defendant entered into a lease agreement with C on the condition that the instant real estate is leased between KRW 30,000,000, and the term of lease from March 17, 2014 to March 16, 2016 (hereinafter “instant lease agreement”), and received a fixed date on March 17, 2014, after paying the said lease deposit to C.

B. On August 22, 2014, upon the application of the Gangseogu Agricultural Cooperatives, the party having neighboring authority over the instant sub-Dong, the voluntary auction procedure commenced on August 22, 2014. On July 22, 2013, prior to the commencement date of the said voluntary auction procedure, the Plaintiff completed the right to collateral security of KRW 75,00,000 with respect to the instant real estate, which is lower than the right to collateral security of the said Gangwon Agricultural Cooperatives.

C. On April 1, 2015, this Court distributed KRW 22,000,00 to the Defendant as a lessee of small claims, and KRW 24,404,390 to the Plaintiff as a mortgagee of small claims, on the date of distribution open on April 1, 2015.

(hereinafter “instant distribution procedure”). D.

As to this, the Plaintiff stated an objection against the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against distribution with this court on April 8, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul Nos. 1, 2, 4, and 7 (including serial numbers), the witness E’s testimony, and the purport of the whole pleadings

2. The Plaintiff, surrounding the judgment on the primary claim, asserts that the Defendant entered into the instant lease agreement with the lessor C only, but did not have any actual lease relationship, and sought revision of the distribution schedule as to the portion that the Plaintiff had not received dividends in the instant distribution procedure. Therefore, it is insufficient to readily conclude that the evidence submitted by the Plaintiff alone is the most lessee.

Rather, B 3 to 5, 10 to 3.

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