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1. The Seoul Western District Court C, D (Dupl) auction case was prepared on June 14, 2016 by the said court.
Reasons
1. The Defendant entered into a lease contract with E on March 31, 2013 with respect to the lease term for the entire second floor (hereinafter “the lease object of this case”) among the second floor housing buildings located in Yongsan-gu Seoul Metropolitan Government (hereinafter “the building of this case”) owned by E (hereinafter “the building of this case”) from May 4, 2013 to 24 months, the lease deposit is KRW 20,000, the rent deposit is KRW 900,000, the rent is the vehicle, and the rent payment period is the 90,000,000, and the lease object of this case was occupied and used by the date of the same day after concluding the lease contract in advance, and the move-in report was made on April 15, 2013 with the fixed date fixed.
After that, on July 31, 2014, upon the Plaintiff’s application, the decision to voluntarily commence the auction on the instant building was rendered, and thereafter, the registration of ownership transfer was completed in relation to the instant building as G completely pays the sale price on May 16, 2016 at the above auction procedure.
On June 14, 2016, the Defendant filed an application for a report on the right and a demand for distribution in the above auction procedure, and the Seoul Western District Court prepared a distribution schedule stating that the Plaintiff, who is the last mortgagee of the collective security, distributes the amount of KRW 24,55,36, and KRW 20,000,000 to the Defendant, who is the lessee of the small amount of money (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date and raised an objection against the total amount of dividends to the Defendant.
On May 4, 2015, the Defendant removed from the leased object of this case on or around September 1, 2015, and moved back on or around September 1, 2015, while residing in the above building again on or around July 20, 2016.
The defendant did not pay KRW 900,000 for the rent in April 2015 during the term of the lease contract.
(60,000 won out of the rent for January 2015 is deemed to have been paid on May 18, 2015). [The grounds for recognition: the fact that there is no dispute, Gap's statements in subparagraphs 1 through 5, Eul's evidence in subparagraphs 1 through 6, and Eul's evidence in subparagraphs 8 through 11 (including the serial number), and the purport of the whole pleadings]
2. Determination on the cause of the claim
A. The lessee is in the lease of real estate in the relevant legal doctrine.