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(영문) 대구지방법원김천지원 2015.05.13 2015가단911
배당이의
Text

1. The Daegu District Court was prepared on January 28, 2015 with respect to the auction case of real estate D in the Daegu District Court Kimcheon-do.

Reasons

1. Basic facts

A. On August 23, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 2280,000,000 for the maximum debt amount as prescribed by the Daegu District Court Decision 22109, which was received on August 23, 2012, with respect to the five parcels and above ground buildings, E and F, Kimcheon-si.

B. On May 12, 2014, the Plaintiff applied for a voluntary auction to this court D and received a decision to commence the auction.

C. On January 28, 2015, the instant court set up a distribution schedule with the content that distributes the total of KRW 306,058,081 to the Plaintiff, who is the mortgagee, in the second and fourth order, to the Defendants, who are the lessee of small claims.

On February 3, 2015, the Plaintiff raised an objection against the total amount of each dividend to the Defendants on the date of distribution, and thereafter filed a lawsuit of demurrer against distribution on February 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to Article 4 of the Commercial Building Lease Protection Act, Article 3 of the Enforcement Decree thereof, Article 5 of the former Value-Added Tax Act (amended by Act No. 11873, Jun. 7, 2013) and Article 7 of the Enforcement Decree thereof (amended by Act No. 11873, Jun. 7, 2013), where a business operator leases a part of a commercial building, he/she shall attach a written application for business registration, and where a business operator leases a part of the commercial building, he/she shall be allowed to request perusal or provision of the relevant part of the drawings. Thus, where a part of the building is leased, the person interested shall be allowed to request perusal or provision of the said part of the drawings unless there are any special circumstances in order for the business operator to be a valid method of public notification in relation to a third party (see, e.g., Supreme Court Decision 2008Da44238, Sept. 25, 2008).

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