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(영문) 부산지방법원서부지원 2019.01.08 2017가단4148
건물인도 등
Text

1. The Defendants, from 17,873,761 won to 17,8761 won, shall be prepared from May 25, 201 to 1st floor of the building indicated in the attached list.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, together with the purport of the entire pleadings:

On June 13, 1993, Nonparty H leased to Nonparty I the part of the building indicated in the Disposition No. 1 (hereinafter “instant building”) to Nonparty I, setting the deposit amount of KRW 23 million and the period of two years.

Even after the expiration of the above lease contract, the lease contract has been implicitly renewed.

B. On June 15, 1993, the deceased made a move-in report to the domicile of the above leased object, and obtained a fixed date on May 18, 1994 at the Busan District Court’s registration and the contract prepared with respect to the above lease agreement.

The Deceased transferred to another place on May 28, 1994, but completed a move-in report again on June 16, 1994.

C. On February 23, 2010, at the Busan District Court, a compulsory auction was commenced for the buildings listed in the separate sheet. On April 13, 2011, the Plaintiff purchased the said buildings at the above auction procedure.

The Defendants were the inheritors of the Deceased on May 24, 201, and were distributed KRW 5,126,239 in total on the basis of the right to preferential reimbursement, following the lessee of small amount in the above auction procedure.

E. The Defendants have been using and benefiting from the instant building part for its original purpose until now.

2. Determination

A. Even if a lessee, who concurrently holds two rights, such as opposing power and preferential repayment right under the Housing Lease Protection Act, has claimed a distribution of the whole amount of the deposit in an auction procedure under progress for the leased house by selecting the preferential repayment right first, it is reasonable to view that the lessee may claim the existence of the lease relationship until he/she claims the remainder, which remains after deducting the amount of the deposit which could have been distributed from the auction procedure, from among the deposit, if the total amount of the deposit could not be distributed, from the auction procedure. In such cases, the lessee

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