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(영문) 의정부지방법원 2015.10.08 2014가단52193
배당이의
Text

1. Of the distribution schedule prepared on December 24, 2014 by the above court with respect to the case of the voluntary auction of real estate C by the Jung-gu District Court.

Reasons

1. Basic facts

A. On December 16, 2010, the Plaintiff completed the registration of the establishment of a mortgage consisting of the maximum debt amount of KRW 650 million on December 16, 2010, and the registration of the establishment of a mortgage consisting of KRW 156 million on June 24, 201, with respect to each real estate listed in the separate sheet (hereinafter “instant 1 through 4 real estate”) owned by D.

B. According to the application for the voluntary auction of the Plaintiff and Handong Steel Co., Ltd., the procedure for the voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated with respect to each of the instant real estate.

C. On December 24, 2014, the aforementioned court prepared a distribution schedule of KRW 662,497,522 deducting KRW 8,201,320 of the execution cost from KRW 654,296,202, which is the amount to be distributed by opening the date of distribution, and KRW 3 million from KRW 654,296,202, Defendant A for the small lessee, Defendant B for the small lessee, and Defendant B for the small lessee, KRW 9,700,000,000 to KRW 633,596,200,000 for the small lessee, who is the right to collateral security (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of distribution, and stated an objection against the entire dividend amount of the Defendants, and filed the instant lawsuit on December 29, 2014.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 4, 5, and 7, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is merely a sub-lessee who is not entitled to protection under the Lease Protection Act, and thus, the amount of dividends distributed to the Defendants in the instant distribution schedule should be corrected to pay to the Plaintiff.

B. In the event that a housing lessee with opposing power under Article 3(1) of the Housing Lease Protection Act subleases the right of lease lawfully with the consent of the lessor, if the possession of the sub-lessee is succeeded and the resident registration is severed within the period to the extent that it cannot be deemed that the possession has been succeeded to and the resident registration has been severed, the possession and the resident registration has been modified, which is the method of public announcement of the right of

(b)if any;

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