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(영문) 대전지방법원논산지원 2015.04.30 2014가단5336
배당이의
Text

1. With respect to the Daejeon District Court's Seosan Branch C, D, E, F, G (Dual) compulsory auction cases, the said court shall hold on October 2014.

Reasons

1. On March 5, 2008, the Defendant: (a) leased KRW 10,000,000 of the first ground housing (hereinafter “the instant housing”) from H on March 5, 2008; (b) paid the said deposit to H; (c) filed a move-in report on the same day on March 6, 2008; and (d) completed the registration of the housing lease on March 18, 2009 with the Daejeon District Court’s order for lease registration (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office

However, on June 21, 2009, the Plaintiff leased the aforementioned deposit at KRW 24 months, deposit 15,000,000 for the period of 303 months, and paid the said deposit to H, and thereafter made a move-in report on the same day on June 24, 2009, and obtained a fixed date. The Defendant received a refund of KRW 10,000,000 from H around that time.

After that, the Plaintiff demanded a distribution in the case of a compulsory auction by official auction on the real estate stated in the Disposition No. 1, which included the instant housing as the object of auction, but the Defendant, on October 31, 2014, distributed the amount of KRW 10,000 to the Defendant as a small lessee and did not distribute to the Plaintiff, even though the Defendant was returned the security deposit, as above, to the wind that did not cancel the registration of housing lease.

Therefore, since there is no claim for the return of the lease deposit against H, the above distribution schedule should be modified as stated in Paragraph 1 of the Disposition.

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act).

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