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(영문) 대구지방법원김천지원 2015.02.16 2014가단9096

부당이득금

Text

1. The Defendant’s Seoul Credit Guarantee Foundation (Counterclaim Defendant), 3,715,299 won, and Defendant (Counterclaim Plaintiff).

Reasons

1. Examining the overall purport of pleadings as to Gap evidence Nos. 1 through 5, Eul evidence Nos. 3 (including the provisional attachment number; hereinafter the same shall apply) and witness D's testimony, including the absence of dispute between the parties concerned, ① on January 21, 2013, 301 of the multi-family house located in Gumi Si (hereinafter referred to as "the above real estate") was entered into a lease contract with the deposit amount of KRW 15 million and the lease contract with the term of one year fixed (hereinafter referred to as "the above lease contract of this case"), and the fixed date on May 23, 201; ② the provisional attachment order of the real estate of this case was issued on May 29, 2013 at the request of creditors of the Korea Credit Guarantee Fund, but the provisional attachment order of KRW 200 million was issued on May 29, 2013 (hereinafter referred to as "the auction procedure of this case"), and ③ the Seoul District Court completed the auction order of this case on May 29, 20139.

2. The parties' assertion

A. The plaintiff's assertion is a preferential right to payment stipulated in the Housing Lease Protection Act before the completion period to demand an auction procedure of this case.