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Reasons
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(영문) 광주지방법원목포지원 2019.01.23 2018가단4138
배당이의
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1. On July 19, 2018, the above court with respect to the Gwangju District Court Sejong District Court E and F (Joint Real Estate Auction) compulsory auction cases.

Reasons

1. Facts of recognition;

A. On June 2, 2003, the Defendant registered the right to lease of the instant housing as the lessee who leased I (hereinafter “instant housing”) from G with the amount of KRW 16,200,000,000 for the lease deposit, and completed the registration on May 21, 2004 (hereinafter “the lease registration of this case”), and thereafter transferred G the instant housing to G around that time.

B. On February 1, 2015, the Plaintiff leased the instant house from G with the term of KRW 17 million, the term of lease from December 10, 2015 to December 10, 2017, and paid the lease deposit to G.

(hereinafter referred to as “the lease deposit in this case”). After the date, the Plaintiff made a move-in report to the domicile in this case on June 9, 2016, and obtained a fixed date on October 7, 2016.

C. On December 26, 2016, the auction procedure of this case (1) the instant Htel and its site commenced a compulsory auction for the said Htel and its site, and the compulsory auction was commenced on August 2, 2017 with the same support F.

(2) On February 7, 2017, the Plaintiff filed a report on the right and demand for distribution with respect to KRW 17 million of the lease deposit of this case at the instant auction procedure.

(3) On July 19, 2018, a court of execution prepared a distribution schedule under the premise that the Defendant is a small lessee with preferential right to payment of the instant housing among KRW 1,437,279,698, the amount to be actually distributed on the date of distribution, and the Plaintiff was excluded from the said distribution.

(4) The Plaintiff appeared on the aforementioned date of distribution and raised an objection against the total amount of distribution to the Defendant, and filed the instant lawsuit on July 23, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence No. 1, and arguments.

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