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(영문) 서울동부지방법원 2019.01.29 2018가단132852

배당이의

Text

1. The Seoul Eastern District Court C real estate auction case is among the dividend table prepared by the same court on September 19, 2018.

Reasons

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or recognize the facts in Gap evidence Nos. 1 to 4, and Eul evidence No. 2 by adding to the whole purport of the pleadings:

(1) The Seoul Gwangjin-gu Seoul Special Metropolitan City D Building E (hereinafter “instant real estate”) owns F. The decision of voluntary auction was rendered on August 29, 2017 upon Defendant B’s application. The instant real estate was sold to G and the registration of ownership transfer was completed on August 21, 2018.

(2) On June 16, 2017, F and the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the lease deposit of KRW 34,00,000, and the lease term of KRW 39,000 with respect to the instant real estate from June 29, 2017 to June 29, 2019 without any rent, and obtained a fixed date after completing the move-in report on June 29, 2017.

(3) At the time, the instant real estate was subject to the provisional attachment of KRW 50,00,000, the creditor H’s claim amount of KRW 50,000, the attachment of the Defendant Republic of Korea (BS), the attachment of the Defendant Republic of Korea, the attachment of Gwangjin-gu Seoul Special Metropolitan City, the provisional attachment of KRW 86,176,048, the provisional attachment of the creditor IB’s claim amount, and the provisional attachment of KRW 86,176,048, the mortgagee B Co., Ltd., the debtor F, the maximum debt amount of KRW 310,80,000

(4) On September 19, 2018, the Seoul Eastern District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing dividends to Defendant B Co., Ltd., the applicant creditor, in the first order of KRW 294,850,554, out of the amount to be distributed as dividends, KRW 298,422,746, which deducts interest and enforcement expenses.

B. According to the above facts of determination, the Plaintiff is entitled to receive 32,00,000 won, as claimed by the Plaintiff, among the lease deposit under the Housing Lease Protection Act, as a small lease under the Housing Lease Protection Act, and the instant dividend table, which did not distribute to the Plaintiff, is not distributed to the Plaintiff.