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Reasons
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(영문) 서울동부지방법원 2019.04.03 2018나26637
배당이의
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The party-related Plaintiff is a person who rents Seongdong-gu Seoul Metropolitan Government E Apartment F (hereinafter “instant apartment”) owned by D, and the Defendant is a mortgagee of the instant apartment.

B. On January 20, 2015, the Plaintiff stipulated that “2,00,000 won (i.e., the remainder of KRW 20,000,000 (i.e., down payment of KRW 20,000), monthly rent of KRW 400,00, and monthly rent of KRW 400,00, and January 30, 2015 from January 31, 2015 to January 30, 2017” (hereinafter “instant contract”).

(2) Upon entering into a special agreement, the Plaintiff, as a special agreement, remitted each of the remainder of KRW 20,000,000 from the monthly rent of KRW 400,000 to the financial account under the name of the wife I for each ten months. (2) The Plaintiff, as a financial account under the name of the wife I for each contract, remitted each of KRW 2,00,000 to the financial account under the name of the wife I for each contract, KRW 4,00,000,000 from the monthly rent of October of 31, 2015, and KRW 20,000 from the deposit for lease, and remitted each of the remainder of KRW 4,10,000 to the real estate agent who arranged the instant apartment.

3) With respect to the instant real estate prior to the instant contract, the maximum debt amount of March 29, 2005 KRW 234,00,000, the maximum debt amount of KRW 15,600,000 on March 31, 2006, the maximum debt amount of KRW 25,000,000 on April 1, 2009, the maximum debt amount of KRW 260,000,000 on March 17, 2010, the maximum debt amount of KRW 195,00,000 on May 26, 201, and KRW 78,000,000 on February 28, 2012, the average debt amount of KRW 15,00,000 on average of KRW 30,000 on April 10, 201, the average debt amount of KRW 300,005,00 on the instant claim amount of KRW 405,205,01.

C. Voluntary auction 1 on the instant apartment. On May 18, 2015, upon the application of the Defendant, who is a mortgagee, the right to collateral security on the instant apartment, the Seoul East Eastern District Court C with regard to the instant apartment (hereinafter “instant auction procedure”).

(2) The Plaintiff is a lessee at the instant auction procedure.

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