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(영문) 창원지방법원 2015.09.15 2015가단10311
배당이의
Text

1. Of the distribution schedule prepared on May 20, 2015 by the said court with respect to the auction case of real estate B in the Changwon District Court.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4:

C On July 11, 2011, the lease contract was leased to the Defendant at KRW 20 million, monthly rent of KRW 850,000 (the amount shall be reduced to KRW 800,000,000 per month after August 3, 2012), and the lease period from August 3, 2011 to 12 months after the lease was renewed.

B. Meanwhile, in the auction procedure of real estate auction conducted as Changwon District Court B upon the request of the Plaintiff, who is a mortgagee of the right to collateral security regarding the instant real estate, the executing court prepared a distribution schedule with the content of distributing the amount of KRW 275,816,040 out of the amount to be actually distributed on May 20, 2015, and KRW 14,000,000,000,000,000,000,000,000,000,000,000 won, and KRW 261,304,320,000,000, to the Defendant, a small-sum lessee, the delivery authority, and the remaining amount of KRW 261,304,320,00,000, which

2. The plaintiff's assertion and judgment asserted that the defendant's remainder of the lease deposit was about KRW 12.8 million as of the date of the distribution of this case, and that the defendant's amount of distribution against the defendant was corrected to KRW 12.8 million, and that 1.2 million amount corresponding to the difference between the above KRW 12.8 million and the amount of distribution against the defendant is divided to the plaintiff.

On August 2, 2014, the fact that the monthly rent has not been paid since August 2, 2014 as the auction procedure was in progress with respect to the instant real estate is the person who is the defendant. According to the above fact-finding, the overdue rent from August 2, 2014 to May 20, 2015, which is the date of the instant distribution, is equivalent to at least 7.2 million won (=8 million won x 9 months). Thus, the remainder of the lease deposit at the time of the said date of distribution (=2.8 million won) is equivalent to at least 12.8 million won.

3...

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