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(영문) 광주지방법원 2015.03.27 2014가단529162

배당이의

Text

1. Of the distribution schedule prepared by the same court on November 27, 2014 with respect to F real estate auction cases in the Gwangju District Court.

Reasons

1. The Plaintiff, on June 26, 2013, leased KRW 405 of lease deposit amounting to KRW 26 million among the E-building reinforced concrete structure, reinforced concrete structure, multi-family houses, and offices located in Gwangju Northern-gu, Gwangju (hereinafter “instant building”) owned by Nonparty C (hereinafter “the instant building”), and subsequently leased KRW 405 of lease deposit amounting to KRW 26 million, according to the overall purport of the entries and arguments by Nonparty 1 and 5.

7.8. 8. The fact that: (a) on the date of distribution of the lease deposit, the Plaintiff and the Defendant, each of small lessee, who is the Plaintiff, made a distribution schedule with the content that the Plaintiff distributes KRW 18,938,560 out of the lease deposit amount of KRW 26 million; and (b) the Defendant distributes KRW 18,938,560 out of the lease deposit of KRW 25 million on November 19, 2013, as if the Defendant leased KRW 301 among the instant building with the lease deposit of KRW 25,000,000,000,000 won; (c) on November 27, 2014, the demand for distribution was made in the auction of the instant real estate deposit of KRW 301,000,000; (d) on the date of distribution of the said real estate deposit of KRW 301,000,0000,000,0000,000.

2. Although the Defendant’s assertion and its determination do not leased No. 301 of the instant building, the Defendant asserted that C had a claim of KRW 11,474,00, such as wage and various repair costs, and obtained a lease agreement as a collateral for this. However, even if the Defendant had the aforementioned claim against C, it is premised on the fact that the Defendant is a lessee in the instant real estate rental auction case.