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(영문) 부산지방법원 2015.12.03 2015가단18981
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 29, 2011, the Defendant entered into a lease agreement with F and F, who had been operating E-real estate as an owner’s agent, with a deposit amounting to KRW 30,000,000 and monthly rent of KRW 180,00,00 with respect to No. 105,5675 square meters of G 10, Busan Metropolitan City, Jin-gu, Busan Metropolitan City. On the same day, the Defendant paid all the deposit to F and made a move-in report.

B. H From July 25, 2012, 908 [24.2475 square meters (hereinafter “instant real estate”) on the nine-story G of Busan Metropolitan City, Busan Metropolitan City (hereinafter “I”)

(C) On August 28, 2012, the Defendant concluded a lease contract with H, who is the former owner of the instant real estate, with a deposit deposit of KRW 30,000,000, and the lease period of KRW 180,000, by August 28, 2013 (hereinafter “instant lease contract”).

Around that time, F paid a security deposit to H. D.

On June 24, 2013, the Defendant filed a move-in report with K and 1707 in Busan Metropolitan City, Busan Metropolitan City, and again transferred the same L and 101 Dong 1006 on July 30, 2013, and again, on August 19, 2013, the Defendant filed a move-in report on the instant real estate and is residing in the said real estate until now.

E. On June 29, 2013, the Plaintiff entered into a lease agreement between J and J with respect to the instant real estate, whereby the lease deposit was KRW 10,00,000, and the lease period was up to June 29, 2013, and paid the said deposit to J on the day of the contract.

In addition, on July 12, 2013, the Plaintiff completed the registration of the establishment of chonsegwon on the instant real estate on the ground of the said lease.

F. On September 24, 2014, the Plaintiff was a small lessee of the instant real estate C in the process of this Court’s auction, and was distributed for the instant real estate.

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