208 Gaz. 116474 Demurrer

1. A1 (78 Years and Females);

2. A2 (Year 61, South Korea)

[Judgment of the court below]

/ Fisheries Cooperatives

Park Jong-young, Counsel for the defendant-appellant

March 13, 2009

April 17, 2009

1. All of the plaintiffs' claims are dismissed.

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

Of the dividend table prepared by the above court on August 20, 2008 with respect to the auction case of real estate rent, the amount of 159,162,292 won against the defendant shall be 135,162,292 won, 14,000,000 won, and the amount of 0 won for the plaintiff A2 shall be corrected to KRW 10,000,000,000, respectively, among the dividend table prepared by the above court on August 20, 2008.

1. Facts of recognition;

A. On November 13, 2007, the Defendant was determined to commence an auction of real estate under the Busan District Court Decision 2007Hu44087, as the mortgagee for the apartment of this case, which was held as the right to collateral security (hereinafter “the apartment of this case”).

B. In the auction procedure of the above real estate, Plaintiff A1 asserted that Plaintiff A1 is a small lessee who leased the room 2 partitions, room 1 partitions, kitchen 1 partitions from the lessor D among the apartment of this case in the lease deposit of KRW 20,000,000, and Plaintiff A2 asserted that Plaintiff A2 is a small lessee who leased the room 1 column from the above lessor in the lease deposit of KRW 15,000,000 among the apartment of this case, and filed a report on the right and demand for distribution with the above court on November 19, 207.

C. On August 20, 2008, the above court distributed KRW 162,328,402 to the Defendant in the order of priority 162,328,402, and 159,16,162,292 to the Defendant in the order of priority 3,16,10, and 2, and prepared a distribution schedule that does not recognize dividends to the Plaintiffs.

D. The Plaintiffs appeared on the aforementioned date of distribution, and raised an objection against each of the 14,000,000 won out of the dividend amount against the Defendant, and thereafter filed the instant lawsuit on August 26, 2008, within seven days thereafter.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 3 through 7 (including virtual number) and the purport of whole pleading

2. Determination on the cause of the claim

A. The plaintiffs' assertion

On June 13, 2007, the plaintiff A1 entered into a lease agreement with D, the owner of the apartment building of this case, with the period of 15 million won and 24 months, through E, a broker, with regard to the room 2 partitions, the room 1 partitions, and the kitchen 1 column among the apartment of this case on June 13, 2007, and entered into a lease agreement with D, the owner of the apartment of this case, and paid the lease deposit by July 6 of the same year, and received the move-in report and the fixed date of move-in report while moving into the apartment of this case on June 13 of the same year. The plaintiff A2 also entered the lease agreement with D as of June 13, 2007 with the above 10 million won and the period of 24 months until July 6 of the same year, and therefore, the plaintiff's moving-in report and the fixed date of move-in deposit should be submitted to the plaintiff's court of auction within the extent of 15 million won and 10 million won as the actual lessee's claim.

B. Determination

(1) According to the reasoning of the judgment below, the court below's decision 200,000 won was delivered 10,000 won to the Plaintiff's 100 won and 200,000 won and 10,000 won and 50,000 won and 10,000 won and 10,000 won and 50,000 won and 10,000 won and 50,000 won and 10,000 won and 10,000 won and 20,000 won and 10,000 won and 10,000 won and 10,000 won and 20,000 won and 20,000 won and 10,000 won and 10,000 won and 20,000 won and 10,000 won and 20,00 won and 20,07,00.

3. Conclusion

Therefore, all of the plaintiffs' claims are dismissed. It is so decided as per Disposition.

Judges Nationwide