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(영문) 수원지방법원 2017.04.25 2016가단514103
배당이의
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The defendant (Counterclaim Plaintiff)'s counterclaim is dismissed.

3...

Reasons

1. Determination as to the main claim

A. Basic facts 1) On March 16, 2013, the date of preparation between A and F is March 16, 2013, A’s Suwon-si G Apartment 102 Dong 1305 (hereinafter “instant apartment”).

) A real estate lease agreement was drawn up with the content that B/L is leased at KRW 30,00,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000, and the lease period from April 5, 2013 to 24 months (hereinafter “instant lease agreement”).

(2) On April 19, 2016, Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life Insurance”), which is the first collateral security (hereinafter “instant distribution schedule”), has been drafted a distribution schedule that distributes KRW 10,357,909 to the Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life Insurance”), who is the second collateral security (hereinafter “Defendant Samsung Life Insurance”), as the first collateral security (hereinafter “instant distribution schedule”).

3) A asserted that he/she is a lessee subject to protection under Article 8 of the Housing Lease Protection Act, and filed a report on his/her rights and demand for distribution of KRW 30,00,000 on November 19, 2015 at the above auction procedure, but was excluded from the distribution. 4) A appeared on the date of distribution and raised an objection against KRW 10,357,90 and KRW 11,642,091 out of the amount of distribution for Defendant Samsung Life Insurance and the amount of distribution to Defendant C, and filed the instant lawsuit on April 22, 2016, for which seven days have not passed thereafter.

5) On August 24, 2016, after the continuation of the instant lawsuit, A was declared bankrupt on August 10, 2016 (see, e.g., Supreme Court Decision 2016Hau742, 2016Hau742, 2016, 742 exemption), and the Plaintiff was appointed as A’s trustee in bankruptcy. [In the absence of any dispute over grounds for recognition, Gap’s evidence Nos. 1-4, Eul’s evidence No. 9, and Eul’s evidence No. 12

B. The plaintiff's assertion A is a small lessee who is protected under Article 8 of the Housing Lease Protection Act, and KRW 22,000,000,000, which is required to be returned by AF, is a deposit amount of KRW 30,000,000.

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