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(영문) 서울서부지방법원 2017.03.09 2016가단220344

손해배상(국)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 9, 2012, the Plaintiff entered into a lease agreement with B to lease the third floor subparagraph 7 (hereinafter “instant occupied portion”) among the apartment houses for multi-family household in Eunpyeong-gu Seoul (hereinafter “instant multi-family houses”) owned by B, with the lease deposit of KRW 35,00,000, and the lease term of KRW 35,000 from August 15, 2012 to August 15, 2014, and received the instant occupied portion from B on August 15, 2012.

B. On August 16, 2012, the Plaintiff entered only the number of the instant multi-family house without the indication of the same subparagraph, etc. and completed the move-in report on the resident registration and received a fixed date.

C. On July 7, 2014, with respect to the instant multi-family house, the procedures for compulsory auction commenced to Seoul Western District Court D on July 7, 2014, and the procedures for voluntary auction overlaped to E in the same court E on October 21, 2014.

(hereinafter “instant auction procedure”. During the investigation into the present auction procedure, the instant multi-family house was registered as the 1st and second floors underground and ground on the public record, but in fact, it was confirmed that the instant multi-family house was a partitioned building and was extended to the 1st and fifth floors underground and ground, and the execution officer completed the investigation into the present status with only a certified copy of the resident registration without an investigation into the possession relation.

The final date for the demand for distribution of the auction procedure of this case was finally determined on September 17, 2014, and later postponed on June 15, 2015. On September 29, 2014, the public official in charge of the executing court issued a lessee’s notice to the Plaintiff, stating only the resident registration address and the lot number of the multi-family house of this case, that is, the court of execution rendered a decision to commence the auction as to the multi-family house of this case, to the address where only the lot number of the multi-family house of this case was indicated, and there was a right to preferential payment by the deadline for the completion of the demand for distribution, but it was impossible to deliver the said lessee’s notice by means of a registered mail on October 8, 2014.