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(영문) 수원지방법원안양지원 2016.01.29 2015가단14417
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2013, between E and E, the Plaintiff entered into a lease agreement with the F apartment 725 Dong 804 (hereinafter “instant apartment”). The lease deposit amount of KRW 19,00,000, and the period from September 16, 2013 to September 14, 2015 (hereinafter “instant lease”).

B. On September 9, 2013, the Plaintiff completed the move-in report to the apartment address in this case.

C. Around the time when the instant lease agreement was concluded, the establishment registration of the instant apartment was completed with regard to the instant apartment, namely, KRW 260,000,000, the maximum debt amount, KRW 255,000,000, the first priority priority priority priority bank, a new bank, a mortgagee, the mortgagee, the maximum debt amount, KRW 255,00,00,000, the establishment registration of the mortgage over the second priority collective security interests, KRW 130,000, the maximum debt amount, and KRW 30

As for the apartment of this case, the procedure of the auction of real estate was commenced under the inside support B, C, and D (combined) of the Suwon District Court, and the appraisal price for the apartment of this case was calculated as KRW 439,00,000.

E. The Suwon District Court Ansan Branch on August 26, 2015

At the port auction procedure, 9,530,645 won, 50,020 won, and 550,010 won, and 458,60,460 won, and 191,149,026 won, to the Defendant, who is the mortgagee and the mortgagee, are the top priority wage creditors G, and the distribution schedule was prepared to distribute 50,020 won, and 550,01,026 won, to the Defendant.

F. The Plaintiff appeared on the date of distribution and raised an objection against KRW 16,00,000 out of the Defendant’s dividend amount.

[Ground for Recognition] Unsatisfy, Gap 1 to 4 each entry

2. In light of the legislative purpose of the Housing Lease Protection Act and the purport of the system protecting small tenants, etc., even if the creditor concluded a lease agreement with the debtor on the housing owned by the debtor and resided therein after the moving-in report was completed, the main purpose of the said lease agreement is the housing.

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