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(영문) 대구지방법원김천지원 2017.06.22 2016가단33123
배당이의
Text

1. The Daegu District Court Kimcheon-dong G compulsory auction case was prepared on August 24, 2016 by the above court.

Reasons

1. Basic facts

A. H operated a lease business under the name of “J Studio” using the instant building (I) affixed to the owner of the building on the fourth floor size on the ground (hereinafter “instant building”).

B. The Defendants completed a move-in report by setting up each lease contract with H content as indicated below.

(1) On January 7, 2016, the term “the date of relocation report” means the date of relocation report under the lease contract between the lessee and the date of relocation report, and the date of relocation report under the lease contract between the two parties: (a) No. 1500 and (b) no. 2 B on January 7, 2016; (b) No. 302 on August 30, 3015; and (c) No. 203 C on March 20, 2014; and (d) No. 4 D on March 24, 2014 on December 30, 305; (e) No. 5071, May 507, 2015; and (e) No. 13554, May 14, 2015; and (e) No. 13558, May 204, 2015;

C. As H’s creditor, the Plaintiff applied for a payment order against his/her female for payment of KRW 796,536,458 with Daegu District Court 2015 tea96, 996, and delay damages, and the said payment order was finalized on December 11, 2015.

Based on the above payment order finalized, the Plaintiff applied for a compulsory auction of real estate on the instant building at the Daegu District Court Kimcheon Branch for a compulsory auction on January 8, 2016 (G).

E. The Defendants reported the right to deposit and demanded a distribution in the above auction procedure.

On August 24, 2016, the aforementioned court set up a distribution schedule to distribute the amount of deposit to the Defendants as the lessee of small amount under the Housing Lease Protection Act in one order, and to distribute the amount of KRW 78,264,52 to the Plaintiff on the date of distribution.

On the date of distribution, the Plaintiff raised an objection to the entire amount of dividends to the Defendants, and filed the instant lawsuit on August 25, 2016.

[Ground of recognition] Facts without dispute, Gap's statements in subparagraphs 1 through 9, and 12, the purport of the whole pleadings

2. Determination as to claims against Defendant C, E, and F

A. In order to be protected as a small lessee under the Housing Lease Protection Act by the plaintiff's assertion that there exists opposing power under the Housing Lease Protection Act.

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