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(영문) 서울중앙지방법원 2016.11.18 2016가합538641

임대차보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 23, 2000, the ownership transfer registration was completed on July 14, 2000 with respect to the ownership relation of the apartment of this case and the Plaintiff’s move-in report on move-in (hereinafter “the apartment of this case”) No. 601 (hereinafter “the apartment of this case”).

On October 20, 200, the Plaintiff made a move-in report on the apartment of this case to the address.

As seen thereafter, the defendant purchased the apartment of this case through a compulsory auction procedure and acquired its ownership.

On October 25, 2012, the decision of voluntary auction was rendered on October 25, 2012 upon the application for auction by the Korea C&T Bank, Inc., the mortgagee, following the commencement of auction concerning the apartment of this case, the commencement of voluntary auction such as the Plaintiff’s report on the Plaintiff’s rights, and the report

(2) On December 17, 2012, the Plaintiff submitted an application for demand for distribution and a report on the right as of August 13, 2012 as of the date of transfer, from August 13, 2012, to August 13, 2012, the date of transfer, the date of which is August 13, 2012, the fixed date of which is August 21, 2012, and July 25, 2012.

On August 2, 2013, the Korea Deposit Insurance Corporation of H Savings Bank (hereinafter “H Savings Bank”) against the bankrupt bank (hereinafter “H Savings Bank”) claimed that the lease agreement between F and the Plaintiff on August 2, 2013 was false during the instant voluntary auction procedure, and submitted an application for exclusion of demand for distribution.

After that, on August 14, 2013, the decision on voluntary auction was revoked.

On January 15, 2015, the decision to commence compulsory auction was rendered on the apartment of this case, such as the commencement of compulsory auction and the report of the Plaintiff’s right, upon the request of the bankruptcy trustee of the H Savings Bank for the first auction of this court.

hereinafter referred to as "the case."