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(영문) 서울중앙지방법원 2014.08.12 2013가단307399
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 22, 2000, the Defendant leased one room and a kitchen (hereinafter “instant house”) from among the ground floors of the Jongno-gu Seoul Metropolitan Jongno-gu E-ground buildings from D during the period from September 22, 200 to September 22, 2002, with a deposit of KRW 20 million and the lease period of KRW 20 million from September 23, 2000 to September 22, 2002.

(hereinafter referred to as “(1) lease contract”. B

On September 23, 200, the defendant finished the move-in report on September 25, 200 after receiving the instant house from D on September 23, 200, and then finished the move-in report on September 25, 200, it obtained a fixed date in the lease contract, and thereafter resides in the instant

C. On July 18, 2008, between Defendant and D, the contents of a lease agreement include: (i) increase the deposit to KRW 40 million in terms of the terms of the lease agreement; and (ii) extension of the term of the lease to KRW 24 months from July 18, 2008.

(hereinafter referred to as “B lease agreement”)

1. The 25 million won out of the deposit for lease on a deposit basis shall be borne by the lessee B, the 30 million won shall be borne by the lessee and the 30 million won shall be borne by the lessee F and the Lessee shall be deemed to reside in the leased building;

2. When one of two lessees is unable to exercise his right on the deposit money for lease on a deposit basis due to death or other reasons, the remaining one shall succeed to the right on the deposit money.

(2) Of the terms of a lease agreement, the contents of the lease agreement include the following: (a) the lease agreement is written to change the term from August 13, 2010 to August 13, 2012, the term of the lease agreement is as follows: (b) the entire land area including the instant house; (c) the deposit amount is KRW 50 million; and (d) the term of the lease is changed from August 13, 2010 to August 13, 2012 (hereinafter referred to as “III lease agreement”); and (c) the contents of the special agreement are as follows.

E. Meanwhile, on October 28, 201, the Plaintiff, as a creditor of a loan against D, completed the registration of establishment of a neighboring mortgage of KRW 200 million with respect to the said building.

F. The above building was sold in KRW 520 million during the voluntary auction procedure conducted by this court C, and the above court held on November 13, 2013.

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