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(영문) 의정부지방법원 2016.10.21 2015가단33489
배당이의
Text

1. The same court with respect to the case of the auction, C, and D (Dual) of immovable property B in the District Court.

Reasons

1. Basic facts

A. On February 21, 2014, upon the request of F, a mortgagee, with respect to the real estate listed in the separate list owned by Nonparty E (hereinafter “instant real estate”), the decision to commence auction was rendered on February 21, 2014, and the decision to commence auction was rendered on February 24, 2014 with the above court C upon the Defendant’s voluntary request for auction.

B. As to the instant real estate, the Plaintiff entered into a lease agreement with 10,000,000 won for lease deposit, 400,000 won for monthly rent (20,000 won for monthly rent from September 2014) and with the term of lease from September 10, 2013 to September 10, 2015, and obtained a fixed date after completing a move-in report on September 10, 2013, and filed an application for a report on rights and a demand for distribution with the said auction court.

C. Of the amount to be actually distributed as of September 11, 2015, the above auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 98,626,308 to the Defendant of the mortgagee of the instant real estate in the first order with respect to the dividend regarding the instant real estate, the said auction court, among the amount of KRW 733,892,559, which is to be distributed as of September 11, 2015.

On the date of the above distribution, the plaintiff has raised an objection against KRW 6,800,000 out of the above dividend amount of the defendant, and 2015

9. 17. The instant lawsuit was filed.

E. Meanwhile, from August 20, 2014 to July 30, 2015, the Plaintiff delayed payment of KRW 2,206,027 ( KRW 2,00,000 x 11 month x 200,000 x 11/365 days, and less than KRW 11/365) of the monthly rent to be paid to the lessor E by July 30, 2015, which is the day before the ownership of the instant real estate was transferred to a third party.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8 through 11, and the purport of the whole pleadings

2. Determination

A. The lease deposit, in a lease agreement, covers all the obligations of the lessee arising from the lease after the termination of the lease agreement until the termination of the lease agreement, and the amount equivalent to the secured obligation shall be the object after the termination of the lease agreement.

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