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(영문) 광주지방법원 2019.08.28 2019가단2600
배당이의
Text

1. Of the distribution schedule prepared on January 13, 2019 by the said court with respect to the F real estate auction application case in the Gwangju District Court.

Reasons

Basic Facts

On December 2, 2013, the Plaintiff entered into a lease agreement with G Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) under which the term of lease deposit is set at KRW 60,00,000 for the title of the fourth floor building located in Gwangju-gu (hereinafter referred to as “instant building”) and the term of lease from December 21, 2013 to December 21, 2015, and resided under the said title I.

On January 8, 2015, Defendant B entered into a lease agreement between the non-party company and setting lease deposit amount of KRW 5,00,000 among the instant building, from January 8, 2015 to January 8, 2016, and from January 8, 2016, Defendant B left the lease agreement with the non-party company by setting the lease deposit amount of KRW 450,000 per month of rent ( August 8, 2016). On the same day, Defendant B left the lease agreement without being refunded the lease deposit on December 2016.

On September 2, 2015, Defendant C entered into a lease agreement between the non-party company and setting the rental deposit amount of KRW 20,000,000 among the instant building and KRW 430,000 from October 13, 2015 to October 13, 2016, and KRW 430,000 each month from October 13, 2016 (the 13-paid each month). On October 13, 2015, Defendant C resided in the instant building with the delivery of the said subparagraph, and went out without being refunded the lease deposit on January 2019.

On August 31, 2015, Defendant E entered into a lease agreement between the non-party company and setting lease amount of KRW 5,000,000 among the instant building, from September 15, 2015 to September 15, 2016, with the lease term of KRW 470,000 (pre-paid on September 15, 2015). Defendant E resided in the instant building on September 15, 2015, and went out without being refunded the lease deposit around February 2017.

The N limited liability company, the assignee of M, the first secured mortgage-holder of the building in this case and the land in Gwangju, Seo-gu, Seo-gu, Gwangju, filed an application for voluntary auction to F with the Gwangju District Court. On April 25, 2018, a decision to commence voluntary auction was issued by the above court. The above real estate auction procedure (hereinafter “instant auction procedure”).

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