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(영문) 수원지방법원 2016.06.02 2015가단49558
배당이의
Text

1. Of the distribution schedule prepared on November 20, 2015 by the same court with respect to the Suwon District Court C’s auction of real estate.

Reasons

1. Facts of recognition;

A. On April 13, 2013, the Defendant leased 203 units of the building listed in the separate sheet (hereinafter “instant building”) from D (hereinafter “instant building”) as of April 13, 201, by setting the lease deposit as of April 13, 2014, as the lease deposit’s KRW 52,00,000, and the lease term as of April 13, 2014. On April 13, 2013, the Defendant began to possess the leased deposit by paying the lease deposit to D. On April 13, 2013, the Defendant filed a move-in report with D and received the fixed date on the lease contract.

B. On March 8, 2014, the Defendant: (a) extended the lease deposit to KRW 54,00,000; and (b) concluded a re-contract with the term of lease until April 13, 2016; (c) obtained the fixed date on March 18, 2014.

C. Meanwhile, the Plaintiff leased 301 units of the instant building from D as the lease deposit of KRW 120,000,000, and the lease term of KRW 2,000 from December 2, 2015. On November 11, 2013, the Plaintiff obtained a fixed date on the lease contract, and filed a move-in report on December 5, 2013.

D Around September 2014, the Defendant was scheduled to sell the instant building to the Defendant, and requested the termination of the lease agreement, and the Defendant responded to this.

D A. On September 11, 2014, a lease agreement was concluded with a new lessee, and the Defendant delivered the studio of this case to D on September 12, 2014.

E. The Defendant received from D the refund of KRW 18,00,000 out of the lease deposit on September 12, 2014, but did not refund the remainder of KRW 36,000,000.

On November 12, 2014, the Defendant completed the registration of a housing lease (hereinafter “instant lease lease registration”) with the term “36,00,000 won for the instant building, 20 square meters for the scope of 36,00,000, 203 square meters for 203 square meters for the second floor and 203 square meters for the date of lease; 1st on April 13, 2013 for the date of lease; 2nd on March 8, 2014 for the date of resident registration; 15th on April 13, 2013 for the occupancy commencement date; 201th on April 13, 2013 for the fixed date; 1st on April 15, 2013; 2nd on March 18, 2014;

F. On October 10, 2014, the Suwon District Court decided to commence a voluntary auction on the studio of the instant case to C, and the said decision is given in the auction procedure.

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