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(영문) 서울북부지방법원 2015.07.17 2014가단44038
배당이의
Text

1. Of the distribution schedule prepared on October 31, 2014 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Northern District Court.

Reasons

1. Basic facts

A. The Seoul Northern District Court B, Seoul Northern District Court, on March 7, 2014, opened the auction procedure for real estate rent on the following grounds: (a) with respect to the housing owned by C and the two-story thereof (hereinafter “instant real estate”; and (b) the housing portion was referred to as “instant housing”).

B. During the above voluntary auction procedure, the execution court prepared a distribution schedule that distributes the remainder of KRW 194,906,431 to the Plaintiff, who is a senior mortgagee, to the Defendant, E, F, and G, who demanded the distribution of KRW 25,00,00 to the small lessee in the first priority order, as well as to the amount of KRW 294,906,431 to be actually distributed after deducting the execution cost from the proceeds and interest of the apartment of this case.

C. On October 31, 2014, the Plaintiff appeared on the date of distribution and raised an objection to the whole amount of dividends against the Defendant and E.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserts that the distribution of dividends to the defendant is unfair as the most lessee who did not actually pay the lease deposit.

As to this, the defendant did not know with C, and she was employed from Busan to Busan to her university, and she was residing in Seoul to her monthly and monthly. The defendant asserted that the house of this case was acquired and the lease contract was made, and the money collected by the defendant and his parents were paid 35 million won as the lease deposit and actually resided, and therefore, it is a small amount lessee as prescribed by the Housing Lease Protection Act.

3. According to the statement in Gap evidence No. 3, the defendant's lease deposit with the second floor room of the instant housing from C, the fact that the lease contract was made on November 9, 2013, stating that the Defendant leases two of the instant housing from C during the period from October 20, 2013 to October 19, 2015, and that the Defendant obtained the fixed date of the lease contract from November 12, 2013 can be acknowledged.

(b).

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