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(영문) 수원지방법원 2015.10.20 2015가단15364

배당이의

Text

1. There is no obligation to refund the lease deposit for the second real estate listed in the attached list against the plaintiff of the defendant.

Reasons

1. Basic facts

A. On June 14, 2002, D completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “instant land and housing”), and on December 4, 2013, the same month on December 4, 2013

3. The Defendant completed the registration of ownership transfer (hereinafter “instant transfer”) on the ground of the donation (hereinafter “instant donation contract”).

B. The Plaintiff completed the move-in report on the instant house on May 3, 2005.

C. On March 10, 201, the Plaintiff remitted total of KRW 20 million to Dong Jae-in D.

With respect to the instant housing, the Plaintiff drafted a lease agreement dated March 2, 2012 (hereinafter “instant lease agreement”) between D and D as of March 3, 2012 and March 2, 2014, starting from March 3, 2012 to March 2, 2014.

E. (1) The Suwon Agricultural Cooperatives, the mortgagee of the instant land and housing, applied for a voluntary auction on the said land and housing, and rendered a voluntary auction decision on May 8, 2014 (hereinafter “instant auction procedure”), and sold the instant land and housing at KRW 224,59,000 in the instant auction procedure.

(2) On July 28, 2014, in the instant auction procedure, the Plaintiff filed a report on the right and a request for distribution with the purport that the Plaintiff leased from D the first floor room 2 partitions of the instant housing amounting to KRW 30 million, and the Plaintiff’s mother, the Plaintiff’s mother, leased the first floor room of the instant housing amounting to KRW 15 million from D, respectively.

(3) On March 19, 2015, the instant auction court drafted a distribution schedule to distribute KRW 97,490 to Sungsung-si, KRW 117,927,574 to Suwon-si, and KRW 103,38,401 to the Defendant, respectively.

(4) On March 19, 2015, the Plaintiff attended the date of distribution of the instant auction procedure on March 19, 2015, and raised an objection against KRW 30 million out of the Defendant’s dividends, and E also raises an objection against KRW 15 million out of the Defendant’s dividends.