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(영문) 서울중앙지방법원 2015.04.29 2014가단190833

배당이의

Text

1. The Seoul Central District Court C(D) rendered the same court on September 5, 2014 with respect to the case of an application for a voluntary auction of real estate in the Seoul Central District Court C(D).

Reasons

1. Even if the Defendant’s claim for the repayment of the lease deposit was extinguished by deducting the overdue rent from the lease deposit due to the overdue rent of the Defendant, who is the lessee to fact-finding, the fact that the Defendant’s claim for the repayment of the lease deposit was made on the premise that the claim for the repayment of the lease deposit exists, can be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to the evidence Nos. 1, 2 and 3

2. If so, the above amount distributed to the defendant should be fully distributed to the plaintiff, who is the owner of the above real estate. As such, 848,817,339 won of the dividend amount against the plaintiff among the distribution schedule prepared by the same court as of September 5, 2014, among the distribution schedule prepared by the Seoul Central District Court C(D) Seoul Central District Court, 817,339 won, and 35,000,000 won of the dividend amount against the defendant should be corrected respectively.

3. According to the conclusion, the plaintiff's claim of this case is accepted for reasons.