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(영문) 광주지방법원 2015.09.02 2015가단25063

배당이의

Text

1. Of the distribution schedule prepared by the above court on June 5, 2015 with respect to the case of application for compulsory auction of real estate C in the Gwangju District Court C.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the respective descriptions of Gap evidence Nos. 1 and 4, Gap evidence Nos. 2 and 3, and Eul evidence Nos. 1 to 3, and the whole purport of the pleadings:

around May 2, 2012, the Defendant leased 26 square meters of deposit money of 16,00,000,000 for the period from May 2, 2012 to May 1, 2014, and paid 50,000,000 won out of the deposit money of the same day to D, and the remainder of 15,50,000,000 won on May 3, 2012. On May 3, 2012, the Defendant began to possess the said subparagraph 305 while occupying the said building on May 3, 2012, and received a fixed date on May 4, 2012.

B. Around May 27, 2013, the Plaintiff leased the foregoing Nos. 305 from D with a deposit of KRW 16,00,000, and the period from May 28, 2013 to May 27, 2015. The Plaintiff obtained a fixed date from May 28, 2013 to May 28, 2015. On the same day, the Plaintiff began to possess the said No. 305 while filing a move-in report on the said building. Around that time, the Plaintiff paid the said security deposit to D.

C. On May 28, 2014, the Defendant completed the registration of the lessee’s housing lease right with respect to the building on the following grounds: (a) KRW 16,00,000; (b) KRW 305,26 square meters; and (c) May 2, 2012 on the lease date; (b) May 4, 2012 on the resident registration date; (c) May 2, 2012 on the date of commencement of possession; (d) May 2, 2012 on the fixed date; and (e) May 4, 2012

On August 13, 2014, the Gwangju District Court rendered a decision to commence compulsory sale of the above building C on August 13, 2014, and the plaintiff filed a report on the right and demand for distribution with the above court as a small lessee under Article 3 (1) of the Housing Lease Protection Act around August 29, 2014.

E. On June 5, 2015, the Gwangju District Court rendered the first order among the amount actually distributed to E, F, G, H, and I on the date of distribution of the above auction procedure 384,031,880 won, each of which is 17,796,59 won, J, and K, 12,176,621 won, each of which is 14,049,947 won, and for L and M, respectively, to the Defendant 14,986,610 won, N, 9,66,631 won, and 9,36,631 won, to N, O, and P, 13,113,284 won, and 2nd order to the cereal agricultural cooperative, the mortgagee of a collective security,