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(영문) 부산지방법원 2017.10.19 2016나50747

부당이득금

Text

1. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a lessee of the second floor of housing among the housing of 149.7m2 and the second floor on the ground of 149m2 in Kimhae-si (hereinafter “each of the instant real estate”).

A lease agreement (hereinafter “instant lease agreement”) was concluded on March 24, 2003, and the Plaintiff’s possession was commenced on the same day, and the Plaintiff completed a move-in report on April 18, 2003 and received a fixed date in the lease agreement.

Lease deposit is KRW 33,00,000.

B. From January 20, 2006, the F compulsory auction (hereinafter “First compulsory auction”) was conducted with respect to each real estate of this case from the Changwon District Court from January 20, 2006. At the time, the Plaintiff, who had the opposing power and preferential right to payment under the Housing Lease Protection Act, was the lessee to exercise the preferential right to payment, and the Plaintiff, who had the opposing power and preferential right to payment, did not receive the distribution in the order due to the existence of the small lessee, etc.

C. After the completion of the first auction, the Plaintiff applied for the order of lease registration on the housing among each of the instant real estate as a lessee of the instant lease agreement, and obtained the order (the Changwon District Court, Kim Jong-si, 2008Kao87, July 4, 2008, hereinafter “the instant order of lease registration”), and completed the registration on July 9, 2008.

Since November 8, 201, the application of G and B for each of the instant real estate was made from the Changwon District Court H Voluntary Auction (I; hereinafter “Secondary Auction”) from the Changwon District Court from November 8, 201. The auction court prepared a distribution schedule as of May 23, 2013, excluding the Plaintiff from the distribution of dividends, and became final and conclusive.

E. The above D.

From the distribution of dividends set forth in paragraph (1), Defendant B received 60,000 won from the joint third-class mortgagee (the maximum debt amount shall be 60,000,000 won)’s qualification as the joint third-class mortgagee, which was received on September 27, 201, and the Defendant C received 30,000,000 won from the joint third-class mortgagee’s qualification as the joint third-class mortgagee (the maximum debt amount shall be 30,00,000,000 won received on September 27, 201) and the other five-class surplus.