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(영문) 인천지방법원 2007. 06. 15. 선고 2005가단121874 판결
실제 거주한 진정한 소액임차인에 해당하는지 여부[국패]
Title

Whether a person is a genuine small lessee who actually resided;

Summary

In light of the details of the deposit for lease on a deposit basis, the fact of the transfer of resident registration, etc., it shall be distributed preferentially to the genuine small lessee in preference to the priority repayment under the Housing Lease Protection

Related statutes

Protection of a certain amount of deposit under Article 8 of the Housing Lease Protection Act

Article 35 of the Framework Act on National Taxes

Text

1. Of the dividend table prepared by the above court on December 15, 2005, the amount of 43,698,766 won to the defendant ○○ Bank among the dividend table prepared by the above court on December 15, 2005, 38,618,642 won, the amount of 2,101,50 won to the defendant ○○ Card Co., Ltd., the amount of 1,941,683 won to the succeeding participant of the defendant ○○ Card Co., Ltd., the amount of 1,941,683 won to the defendant ○○ Card Co., Ltd., Ltd., and the amount of 5,497,281 won to the defendant ○○ Card Co., Ltd., Ltd., the amount of 1,379,612 won to the defendant ○ Card Co., Ltd., and the amount of 16,000 won to the plaintiff shall be corrected respectively.

2. The costs of lawsuit shall be borne by the Defendants and the Intervenor succeeding to the Defendant.

Cheong-gu Office

As set forth in the text.

.

Reasons

1. Details of the distribution schedule prepared by the court (the fact that there is no dispute);

In ○○○○-si ○○○○-dong ○○○○-dong ○○○○○○○○-dong ○○○○○○○○○-dong ○○○○○○○○-dong ○○○○○○ (hereinafter “instant housing”), the execution court prepared a distribution schedule as shown in the attached Form on December 15, 2005 (54,618,842).

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion

The plaintiff asserts that since the plaintiff leased the house of this case from ○○○○ in the deposit amount of KRW 17 million and the tenant of small amount as stipulated in the Housing Lease Protection Act has the right to preferential repayment, 16,000,000 in the above auction procedure should be paid in preference to other creditors, and that the distribution schedule should be revised as stated in the purport of the claim.

(b) Fact of recognition;

The following facts may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings as a result of the fact inquiry by the court of this case, and the evidence Nos. 2, 3, 6 (including paper numbers, hereinafter the same shall apply), 7, 8, 9, 100, 100, 200, and 30,000, respectively.

(1) On November 13, 2004, the Plaintiff entered into a lease agreement with Ansan to lease the instant housing by setting the deposit of KRW 17 million, and the period from November 18, 2004 to November 17, 2006, and paid the down payment of KRW 1.6 million to Ansan○○.

(2) On the 18th day of the same month, the Plaintiff deposited 15.4 million won as a check from his wife’s account, and paid it to ○○○○ as a balance.

(3) On the 16th of the same month, the Plaintiff filed a move-in report with the instant house, and continued to reside in the instant house.

C. Determination

According to the facts established above, the plaintiff is a genuine small tenant of the housing of this case, and the plaintiff should pay 16,00,000 won as the top priority repayment amount under the Housing Lease Protection Act to the plaintiff. As to the auction case of real estate amounting to ○○ District Court 2005,000, the above court 38,618,842 won among the dividend table prepared on December 15, 2005, the dividend amount of 43,698,766 won against the defendant ○○ Bank shall be 38,618,842 won; the dividend amount of 2,101,50 won against the defendant ○○ Card Co., Ltd.; the dividend amount of 1,941,683 won against the succeeding participant of the defendant ○○ Card Co., Ltd.; and the dividend amount of 5,497,281 won against the defendant ○○ Card Co., Ltd. shall be adjusted to 16,000 won;

5. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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