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(영문) 서울북부지방법원 2020.04.23 2018가단133288
배당이의
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. On July 25, 2014, the Seoul Dobong-gu Seoul Metropolitan Government District Court D, and Seoul Northern District Court E (Dupl) on November 19, 2014, the real estate auction procedure (hereinafter “instant auction procedure”) commenced on July 25, 2014 with respect to the G building H (hereinafter “instant real estate”).

As to KRW 371,309,103 remaining after deducting execution expenses, etc. from the amount to be distributed on the date of distribution of the auction procedure of this case opened on August 21, 2018, among KRW 375,354,585, the distribution of KRW 371,300,00 to Defendant Company B (hereinafter “Defendant bank”) and KRW 10,359,79,793 to Defendant Seoul Credit Guarantee Foundation, respectively. The distribution schedule was formulated, and the Plaintiff filed a lawsuit of demurrer against the objection to the instant court on August 24, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination of the parties' arguments

A. The Plaintiff’s assertion 1) The Plaintiff: (a) leased the instant real estate from F with a lease deposit of KRW 25 million; and (b) completed the resident registration and the fixed date after being delivered the said real estate prior to the decision on commencing the instant auction; (c) thus, the Plaintiff, as a small lessee under the Housing Lease Protection Act, is entitled to receive the said lease deposit with the highest priority than the Defendants. (d) The Plaintiff’s assertion by the Defendants constitutes the so-called “the most lessee with only the form

Even if the Plaintiff did not pay the rent in excess of the total amount of KRW 51 million from December 2014 to July 2018, and the lease deposit claimed by the Plaintiff was fully appropriated and extinguished.

B. 1) Determination 1) The instant real estate between F and F on May 22, 2014.

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