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(영문) 수원지방법원 2019.09.19 2019가단518670
배당이의
Text

1. Of the distribution schedule prepared on April 9, 2019 by the said court with respect to the case of a request for a voluntary auction of real estate C in the Suwon District Court.

Reasons

1. The contents of the distribution schedule 0 auction real estate prepared by the court: The debtor and owner of the D apartment E (hereinafter “the apartment of this case”): The plaintiff appears in the order of full distribution on the distribution date to the defendant, who is the lessee of small amount in the first order of second order, in the case of the application for the auction of real estate C in this court progress upon the application by the bank, which is the collective security right holder of F0 collective security right: 408,455,524 won which is the actual amount to be distributed on April 9, 2019; 14 million won to the defendant, who is the lessee of small amount, in the second order; 392,869,964 won in the remaining amount; 47,880,000 won in the highest amount of the claim; 395,575,570 won in the total amount to be distributed; 405,575,1257,5757 won in the amount to be distributed to the defendant.

2. Summary of the plaintiff's assertion: Demurrer against the distribution against the creditors who abuse the protection system for the most lessee or the small lessee under the Housing Lease Protection Act;

3. Determination: Acknowledgement of the Plaintiff’s assertion

A. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases concerning residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small lessee, even if the deposit is small amount of the deposit, it is a large amount of property. Therefore, it is reasonable to guarantee the recovery of the deposit even if it harms the status of other secured creditors in the case of small lessee, and it is an exception to the general provisions of the Civil Act. In light of such legislative purpose and purport of the system, the main purpose of the lease contract is even if the obligee entered into a lease contract with the debtor with respect to the house owned by the debtor and resided therein after completing the move-in report.

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