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(영문) 대전지방법원 2015.08.27 2014가단34598
배당이의
Text

1. Defendant B among the distribution schedule prepared by the same court on August 26, 2014 with respect to the distribution procedure case of Daejeon District Court D.

Reasons

1. Basic facts

A. Defendant B and the Plaintiff: (a) On August 24, 2010, Defendant B entered into a lease agreement between the Plaintiff and the Plaintiff; and (b) Daejeon E-gu, Daejeon E-Ground, which was owned by the Plaintiff (hereinafter “instant building”).

3) Of the three stories, the entire of the three stories (hereinafter “instant singing”).

The lease deposit amount of KRW 40,00,000, monthly rent of KRW 3,200,000 (payment on the 20th day of each month) and the lease term of KRW 1 year as follows. On September 2, 2010, the business registration was made under the trade name of “Fnonong Bank”. Article 2(2)2 of the Act provides that the Defendant B shall bear the rent, management fee, public utility fee, taxes, other overdue amounts, and special tax, aggregate land tax, entertainment heavy taxation, and entertainment tax incurred while the Defendant B’s business (tax, etc. incurred from rent, management fee, public utility fee, taxes, and other overdue amounts), but if any arrears occurs at least once, the Plaintiff may be deducted from the lease deposit.

2) On August 22, 2011, Defendant B determined the lease deposit amount of KRW 20,000,000 for the instant singing machines, KRW 3,200,000 per month for rent (payment on January 20), and KRW 1 year for the term of lease, and the lease contract shall be determined to apply the same conditions as that for the previous year (hereinafter referred to as “Nobyby-house lease”).

B. B. Defendant C and the Plaintiff entered into a lease agreement with the Plaintiff on October 18, 201, and the entire second floor of the instant building (hereinafter “instant entertainment tavern”).

2) A lease agreement with respect to the lease deposit amount of KRW 20,000,000, monthly rent of KRW 3,000,000 (payment on January 20) and the term of lease of KRW 20,000 for a term of one year (hereinafter referred to as “rental tavern lease agreement”).

B. On October 28, 2011, “G” entered into a business registration for general entertainment taverns.

C. On May 12, 201, the instant building was sold to the Daejeon District Court H on February 28, 201, and the auction procedure for real estate was initiated on February 28, 2012, and the instant building was sold to Pakistan Construction Co., Ltd. and I.

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