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(영문) 서울북부지방법원 2015.12.16 2015가단127381
배당이의
Text

1. Of the dividend table prepared on July 7, 2015 by the above court with respect to the auction case of real estate B by the Seoul Northern District Court.

Reasons

C. The Defendant, on May 27, 2013, transferred the said house to the location of the said house, and obtained a fixed date in the said contract.

* The instant lease agreement, as the Defendant husband, was concluded in the form of mutual agreement with the above E, a real estate agent F, who is well aware of the provisions of the Housing Lease Protection Act.

* However, despite the fact that the deposit price of the instant housing is KRW 100 million around January 2013, and around August 2013, 2013, around KRW 115 million, the Defendant determined KRW 25 million as a deposit for lease, which is accurately consistent with the scope of protection of small lessee under the Housing Lease Protection Act.

* However, at the time of concluding a lease agreement with respect to the instant housing, the Defendant was aware that there was a debt equivalent to KRW 181,140,000 in total, including the Plaintiff’s right to collateral security (the maximum claim amount of KRW 122,200,000), G’s right to collateral security (the maximum claim amount of KRW 20,000), and G’s provisional attachment (the provisional attachment of KRW 38,940,000) of Rounddo Co., Ltd.

* The instant housing was actually conducted with the instant auction procedure only 6 months, since the instant lease agreement was concluded.

* The instant housing was transferred with three family members of H on March 22, 2013. On December 27, 2013, a lessee notice was served at the location of the instant housing, but the Defendant failed to receive the lessee notice at the location of the said housing.

* The electricity that the Defendant used was limited to the details used during the process after the auction of the instant case. Moreover, the Defendant paid urban gas fees in lump sum from July 7, 2015 to the time from November 2013 to the time. This is very exceptional in light of the general method of the lessee’s use and profit-making of housing for residential purposes.

* The Defendant concluded the instant lease agreement on May 1, 2013 and entered into a lease agreement in the form of payment of the remainder on May 25, 2013, but the said lease deposit was not paid, and the said F.

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