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(영문) 수원지방법원 평택지원 2018.08.24 2017가단9034

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As to the real estate indicated in the separate sheet, the Plaintiff, as to the real estate indicated in the separate sheet, was registered by Suwon District Court in relation to the real estate (hereinafter “multi-household house in this case”) indicated in the separate sheet from Nonparty D (hereinafter “multi-household house in this case”), and registered the establishment of a new mortgage with the maximum debt amount KRW 600 million as of November 2, 2016, and with the obligor D.

B. From August 11, 2010, the Defendant, for the purpose of lease and utilization under subparagraph E among the Plaintiff’s multi-household housing, was leased from F, who was the owner of the instant multi-household housing, at the time of the instant multi-household housing, as KRW 20 million and the lease period of KRW 12 months (hereinafter “lease”).

On the other hand, the plaintiff leased No. E among the multi-household housing in this case to use it as a residential area when working in Pyeongtaek-si area, and occupied and used the above No. E as a residential area of the principal or his employees.

C. During the process of changing the ownership of the instant multi-household housing and the process of succeeding to the lease agreement, the instant multi-household housing was changed in ownership due to F (Registration of ownership on March 10, 2009), G (Acquisition of Ownership on April 5, 2012), D (Acquisition of Ownership on November 2, 2016) and Nonparty H association, the mortgagee of the instant multi-household housing, filed an application for voluntary auction of real estate with the Suwon District Court of Suwon District on January 2, 2017, and received a decision to commence voluntary auction from the said court on January 3, 2017.

On the other hand, the instant lease agreement was implicitly renewed and maintained under the approval of the owner G and D, and the Defendant, around January 2, 2017, filed a resident registration transfer report with the instant multi-household E, and subsequently received a fixed date as of January 18, 2017, and made a demand for distribution as to the said auction case.

With respect to the case of voluntary auction of real estate C in the Pyeongtaek District Court, the above court shall make a small amount of money under the Housing Lease Protection Act against the defendant on September 27, 2017 on the date of distribution.