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1. The Plaintiff (Counterclaim Defendant) pays KRW 9,440,00 to the Defendant (Counterclaim Plaintiff).
2. The plaintiff (Counterclaim defendant).
Reasons
1. Basic facts
A. All of the units Nos. 1001, 1022, and 1023 of the Jung-gu Seoul and one parcel D (hereinafter “OOOO”) were owned independently by E. On December 31, 2013, the Seoul Central District Court rendered a voluntary decision to commence auction to B upon filing a request for auction by a new bank that was a mortgagee, a stock company, etc.
B. In the above voluntary auction procedure, the Plaintiff claimed for the lease deposit of KRW 10 million against each of the small lessee as set forth in subparagraphs 1022 and 1023, and filed a report on the right and demand for distribution. On November 19, 2013, the Plaintiff filed a request for delivery in the above voluntary auction procedure.
C. In the above voluntary auction procedure, the distribution schedule was prepared as follows with respect to the amount to be distributed through the sale of all the above real estate.
Creditor F: (a) The amount of money distributed to the Plaintiff New Bank Co., Ltd. 5,00,000 4,720,000 4,720,720,000 140,952,817 1,306,222,890 of the dividends 111123, 5,000,000 4,720,720,000 4,720,720,720,000 140,000 140,952,817 60,208,348,488, on the basis of dividends 1023, 1023
D. The Plaintiff made a statement of demurrer against the Defendant on the date of distribution, and filed the instant principal lawsuit against the Defendant.
[Grounds for Recognition] No dispute
2. The abstract and key issues of the parties' arguments;
A. The auction court of the Plaintiff’s assertion pays 4,720,000 won after deducting the unpaid rent from each lease deposit for the Plaintiff’s Nos. 1022 and 1023. However, since the Plaintiff paid all the rent, the amount equivalent to the total amount of each lease deposit should be distributed to the Plaintiff.
B. The plaintiff asserted by the defendant is justified in the decision of the distribution court after deducting the unpaid rent, even if it is a genuine tenant.
C. The key issue of the instant case is first, the Plaintiff.