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(영문) 의정부지방법원고양지원 2015.09.18 2014가단40896
배당이의
Text

1. On November 28, 2014, with respect to the application case for the auction of the real estate rent C in Gyeyang-gu District Court, the above court is the above court.

Reasons

1. Facts of recognition;

A. On April 12, 2013, the Plaintiff entered into a lease agreement with E as to the real estate No. 1404 and No. 104 (hereinafter “the instant real estate”) of the building in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City on April 12, 2013, the lease deposit amount of KRW 29,00,000 for the lease deposit, and the lease term of KRW 24,000 for the lease period from April 24, 2013 to February 23, 2015 (hereinafter “the instant lease agreement”) and received a fixed date on the same day after completing the move-in report for the resident registration of the said real estate on April 24, 2013.

B. The instant real estate in the process of the auction was established under the name of the mortgagee of the right to collateral security, but the said credit cooperative applied for the commencement of the auction on the instant real estate to the Goyang-dong District Court C, which was conducted on July 9, 2013.

As a lessee, the Plaintiff reported the demand for distribution and the right as a lessee.

C. On November 28, 2014, the lower court prepared a distribution schedule that distributes KRW 70,436,723 to the Defendant who acquired the claim against the Defendant by transfer of the claim against the deceased-dong Saemaul Depository E, except for the Plaintiff’s dividends (hereinafter “instant distribution schedule”).

Accordingly, the Plaintiff raised an objection against KRW 22,00,000 out of the amount of dividend distributed by the Defendant on the date of distribution.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff asserts that, inasmuch as the Plaintiff is a genuine lessee with respect to the instant real estate, which can be protected under the Housing Lease Protection Act that concluded a lease agreement with E on the instant real estate and paid lease deposit, KRW 22,00,000,000, out of the amount of dividends to the Defendant in the instant distribution schedule, should be distributed to the Plaintiff.

In this regard, the defendant entered into a lease contract for the real estate of this case in order to receive a small amount of lease deposit.

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