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(영문) 서울중앙지방법원 2020.05.27 2019나43964

배당이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 15, 2015, the Plaintiff entered in the lease agreement the deposit amount of KRW 150,000,000 after the deposit was increased to KRW 130,000,00,000, between the Plaintiff and the J on the first floor H of the Seocho-gu Seoul High Ground G G G-dong (hereinafter “instant real estate”) on the part of KRW 130,000,000. However, the Plaintiff did not raise any objection as to the increased portion of KRW 20,00,00.

From August 15, 2015 to August 14, 2017, the term of lease was set up as 24 months.

B. Voluntary auction of the instant real estate and the Plaintiff’s objection to the distribution 1) The Industrial Bank of Korea, a collateral security (the trade name was changed to the IBK Enterprise Bank, but the Bank, regardless of whether before and after the change.

Upon request of the Seoul Central District Court E.E., the voluntary auction procedure for the instant real estate was conducted. The instant real estate was sold in the said procedure. The amount to be actually distributed to Defendant I Co-Defendant C, Co-Defendant C, Co-Defendant D Co-Defendant D, 1, 222, 192,642, 259,581,041 28,493,493,150,226,2750,000,777,942,642,70,7420,742,742,75,75,472,46365,7636,75,745,7636,745,765,747,765,7465,75,747,747,275,747,275,740,747,275,747,275,763636,75,27,7,747,27,2,2747

3. The plaintiff is the lessee of the real estate of this case, and the deposit amount of KRW 130,00,000 is stipulated in the Housing Lease Protection Act.