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(영문) 서울동부지방법원 2015.01.30 2013가합108103
배당이의
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 6, 2005, Plaintiff A and B entered into a lease agreement with the Seoul Leisure Tourism Complex Co., Ltd. (hereinafter “Seoul Leisure Tourism Complex”) on the three-story Q Q (hereinafter “instant building”) located in Songpa-gu Seoul (hereinafter “instant building”). around that time, Plaintiff A and B paid the above lease deposit amount of KRW 320 million to the Seoul Leisure Tourism Complex. On March 8, 2005, Plaintiff A filed an application for the business registration of Q3-story with the business registration as to the three-story stores of the instant building.

(B) The lease deposit shall be reported as KRW 80 million.

On September 24, 2009, the Asset Management Company applied for a voluntary auction on the instant building, and on September 25, 2009, the voluntary auction procedure (hereinafter “instant auction procedure”). The date for demand for distribution of the instant auction procedure was decided on December 4, 2009 and postponed on April 18, 201.

C. On December 4, 2009 and April 15, 2011, Plaintiff A applied for a report on the right and demand for distribution as to the lease deposit claim amounting to KRW 320 million with respect to the third floor shop of the instant building at each auction court.

(1) Meanwhile, on July 9, 2012, after the completion date of the demand for distribution, Plaintiff A submitted a lease contract (the fixed date from Song Sejong, which was July 6, 2012, which was KRW 80 million with respect to the third floor shop of the instant building) with respect to the deposit for lease on January 6, 2005, which was KRW 80,000,000, to the auction court, and Plaintiff A applied for a report on the right and a demand for distribution with respect to the claim for return of deposit for lease on the third floor shop of the instant building.

(2) On July 13, 2012, the date of demand for distribution, the Plaintiff B, at the auction court on July 13, 2012, obtained lease deposit amounting to KRW 240 million with respect to the third floor shop of the instant building, from January 6, 2005, the lease deposit amounting to KRW 200,000,000,000,000, and with respect to the third floor shop of the instant building, Q third floor shop and the lease deposit amount.

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