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(영문) 수원지방법원성남지원 2016.01.15 2015가단19277

배당이의

Text

1. The above court shall have regard to the compulsory auction and auction cases of D(Dual) sub-lease B in Sungwon District Court, Sungnam District Court.

Reasons

1. Facts of recognition;

A. The Defendant and D are the Defendant’s land E from March 25, 2013 to Gwangju City E

(x) Second floor, among multi-household houses with the fourth floor of the spak spherb roof;

(E) C.C. 84.76 square meters (hereinafter “instant building”) drafted a lease agreement (hereinafter “instant lease agreement”) with the terms of lease deposit of KRW 15 million, monthly rent of KRW 100,000,000 per month, and the term of lease from April 1, 2013 to March 31, 2014.

B. On June 12, 2013, the Defendant obtained a fixed date on the instant lease agreement, completed the move-in report to the instant building on the same day, and transferred to F on February 10, 2014, and on April 3, 2014, he/she again completed the move-in report to F, Hong-gun. On May 12, 2014, he/she transferred the move-in report to F, Hong-gun, Hong-gun. On May 12, 2014, he/she transferred the move-in report to P, Dong 3310, and completed the move-in report to the instant building again on June 26, 2014.

C. On July 14, 2014, the Plaintiff filed an application for compulsory auction of real estate concerning the instant building based on the instant final judgment execution clause, including loans, etc. (No. 2015da36501), and received a decision to commence compulsory auction from this court (hereinafter “instant auction”).

On June 25, 2015, the instant auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that KRW 12 million shall be distributed to the Defendant in the fourth order on the ground that the Defendant constitutes a small lessee as prescribed in Article 8 of the Housing Lease Protection Act, and that the Defendant is a lessee with a fixed date, etc.; and that the Defendant distributes KRW 1,839,407 in the fourth order on the ground that he/she is a lessee with a fixed date, and that the Plaintiff distributes KRW 18,394,066 (the amount of claims KRW 1,049,222,828) to the Plaintiff.

(S) The entire amount of the claim was distributed in the second and third order to the creditors' right to collateral security.

The Plaintiff appeared on the date of distribution of the instant auction, and raised the instant lawsuit on July 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 13, 14, and Eul