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(영문) 서울북부지방법원 2019.10.31 2018가단21330
배당이의
Text

1. Of the dividend table prepared by the above court on October 30, 2018 with respect to the F Real Estate Discretionary Auction case in Seoul Northern District Court.

Reasons

1. On October 30, 2018, the distribution schedule was formulated to distribute KRW 34,00,00 to the Defendant, who was assigned the claim for the return of the lease deposit from the Defendant who was assigned the claim for the return of the lease deposit from the Defendant, who was the Intervenor’s Intervenor (hereinafter “ Intervenor”) as a small lessee, on October 30, 2018, in the case of F real estate auction by the Seoul Northern District Court of Seoul, Gangnam-gu, Seoul, and the I apartment for two parcels (hereinafter “instant apartment”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The main purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small-sum lessee, even if the deposit is small-sum lessee, it is a big property, and thus, it is reasonable to guarantee the recovery of the deposit even if it harms the status of other secured creditors. Therefore, in light of such legislative purpose and purpose of the system, it is an exception to the general provisions of the Civil Act. In light of the above legislative purpose and purpose of the system, even if the obligee entered into a lease contract with the debtor on the house owned by the debtor and resided therein, the main purpose of the lease contract is not to use the house, but to protect the lessee as a small-sum lessee under the Housing Lease Protection Act.

(See Supreme Court Decision 2001Da14733 Decided May 8, 2001.

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