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(영문) 대전지방법원 천안지원 2018.01.16 2017가단9578
배분이의 청구의 소
Text

1. On September 20, 2017, the Defendant: (a) on September 20, 201, by the Korea Asset Management Corporation in the process of public sale of real estate B.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”), the registration of seizure was completed on October 7, 2015, which was received on October 7, 2015 by the 116534, whose right holder is the Dong-gu, Chungcheongnam-gu.

B. On January 18, 2017, the Korea Asset Management Corporation commenced the real estate public auction procedure B by viewing the management number draft of the instant real estate.

(hereinafter “instant public auction procedure”). C.

On April 28, 2010, the Plaintiff demanded the Small and Medium Business Corporation to allocate the claim amounting to KRW 2,712,847,108, which is the maximum maximum debt amount of KRW 1,433,00,000 with respect to the instant real estate, to the lessee holding the claim for the refund of the lease deposit amount of KRW 30,00,000, as well as the maximum debt amount of KRW 134,000,000, respectively.

On September 20, 2017, the Korea Asset Management Corporation: (a) prepared a distribution statement stating that the Defendant shall be a small lessee of the amount under the Housing Lease Protection Act, and (b) the Plaintiff shall distribute the amount of KRW 928,927,50 to the fourth mortgagee, and (c) the Plaintiff shall raise an objection to the total amount of the distribution to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that although the defendant is not a small lessee under the Housing Lease Protection Act, the plaintiff was distributed to the public sale procedure of this case, the distribution statement was prepared and acquired claims, and the plaintiff did not obtain the amount of claims that can be properly distributed. Accordingly, the defendant asserts that the defendant should transfer the right to claim the above distribution amount to the plaintiff with the return method of unjust enrichment and notify the Korea Asset Management Corporation of the above transfer of claims.

In this regard, the defendant asserts that he has the right to be apportioned as a genuine housing lessee.

3...

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