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(영문) 대구지방법원서부지원 2015.07.22 2014가단38429

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As part of the support project for rent-lease housing for the stabilization of housing of low-income households, the Plaintiff entered into a lease contract with D on December 30, 2013, with respect to multi-family houses listed in the separate sheet (hereinafter “instant house”) 203 as part of the support project for rent-lease housing with D on December 30, 2013, and completed the move-in report on the said house on January 10, 2014, KRW 5,000 (the Plaintiff bears the burden of KRW 2,750,000 occupants, the remainder of KRW 52,250,000 (the Plaintiff bears the Plaintiff’s burden), from January 13, 2014 to January 12, 2016, and the tenant C entered into a lease contract with C on December 31, 2013, and C completed the move-in report on the said house on January 10, 2014.

B. As to the instant housing 305, the Defendant entered into a lease agreement with D on January 7, 2013, setting the lease deposit of KRW 70,000,000, and the term of lease from February 7, 2013 to February 6, 2015, and completed the move-in report and the fixed date on January 22, 2013.

C. According to the application for the auction of real estate rent as Seo-gu District Court Branch B with respect to the housing of this case by Ansan Agricultural Cooperative, which is the mortgagee of the mortgage regarding the housing of this case, the auction procedure was initiated.

On December 23, 2014, the auction court opened a date of distribution and distributes the amount of KRW 796,762,703 to the lessee of small claims, mortgagee of small claims, lessee with a fixed date, lessee with a fixed date, pertinent tax, national tax and local tax, and public imposts to the creditor, respectively, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the balance of KRW 66,039,580 to the defendant who is the lessee with a fixed date in the order of nine years, and the plaintiff did not have received any dividend from the said distribution procedure.

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the Defendant’s amount of distribution, and filed the instant lawsuit on December 29, 2014, which was within seven days thereafter.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings

2. The plaintiff's assertion is opposing power and opposing power pursuant to Article 3 (2) of the Housing Lease Protection Act.