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(영문) 광주지방법원순천지원 2015.01.20 2014가단19183
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff asserts that in the distribution schedule prepared on October 21, 2014, the amount of the Plaintiff’s deposit should be reduced to KRW 15,000,000 and the same amount should be distributed to the Plaintiff among the amount of the Defendant’s dividend in the distribution schedule prepared on October 21, 2014, the Plaintiff was a lessee who leased No. 1325, 1325, which started with respect to the above apartment.

According to the evidence evidence No. 2, the plaintiff prepared a lease contract from the husband E of the above apartment owner D to lease the above apartment in 25,000,000 won on May 23, 2012. However, the plaintiff is a person who completed the resident registration before the date of distribution after the commencement of the auction of the above apartment.

Therefore, since the plaintiff failed to complete legitimate procedures for collecting deposit under Articles 3, 3-2, and 8 of the Housing Lease Protection Act, the plaintiff cannot claim correction of the amount stated in the distribution schedule on the ground of preparing a lease agreement.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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