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(영문) 인천지방법원 2014.04.16 2013가단91343
배당이의
Text

1. Of the dividend table prepared on November 14, 2013 by the above court with respect to the auction case of real estate B in Incheon District Court.

Reasons

1. The facts following the facts are acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 4.

A. On June 13, 2012, the Plaintiff established the right to collateral security, which is the debtor D and the maximum debt amount of 91,000,000 with respect to the property of this case, as to the second floor C Nos. 202 (hereinafter “instant real property”). On June 13, 2012, the Plaintiff filed an application for voluntary auction with the Incheon District Court B, and the voluntary auction procedure was initiated.

B. On the date of distribution of the said voluntary auction case, on November 20, 2012, the Defendant alleged that he leased the instant real estate in KRW 30,000,000 from D, the owner of the instant real estate, and that he/she made a move-in report on November 28, 2012, and demanded the distribution on June 10, 2013. The Incheon District Court: (a) deemed the Defendant as a small lessee and distributed KRW 22,00,000 in the first priority order; (b) distributed the amount of KRW 37,854,529 in the third priority order to the Plaintiff as the mortgagee (hereinafter “instant distribution schedule”).

2. The Plaintiff asserts that the Defendant is the most lessee. The Defendant asserted that the former lessee E of the instant real estate ought to be a director in the instant real estate, but D did not refund the lease deposit, and the Defendant concluded a lease agreement with D while residing in the instant real estate instead of E, and that himself was a legitimate lessee.

According to each of the evidence Nos. 5, 5, 1, and 2, the Defendant had been aware of the defect in the report of transfer at the request of the Plaintiff during his/her residence before entering into a lease agreement with the Plaintiff. D was aware that D had not been able to refund the lease deposit to E. The Defendant entered into a lease agreement on November 20, 2012, and made a move-in report on move-in, but the Defendant was on March 19, 2013.

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