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(영문) 수원지방법원 2016.12.07 2015가단42588
배당이의(상가 임차보증금)
Text

1. Of the distribution schedule prepared on August 10, 2015 by the said court with respect to the case of voluntary auction of D real estate held by the Suwon District Court.

Reasons

1. Facts of recognition;

A. On December 1, 2013, Plaintiff A entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million for the entire 3 and 4 floors of the building owned by the Defendant (hereinafter “instant commercial building”), KRW 3,300,000 per month for rent (excluding value-added tax), and between December 1, 2013 and November 30, 2015 for the term of lease. Plaintiff B entered into an agreement with the Defendant on November 24, 2012 to pay the lease deposit amount of KRW 20,000,000 among the instant commercial buildings and the term of lease from December 10, 2012 to December 10, 2014 to December 10, 2014 at the rate of KRW 160,000 per month for rent (excluding value-added tax). However, each of the above lease agreement shall be paid from October 13, 2013 to delay.

B. The Plaintiffs paid each lease deposit, and occupied and used each leased object. On July 7, 2014, upon the application of the National Bank of Korea, the decision to voluntarily commence the sale of the instant commercial building was made. On April 15, 2015, Plaintiff A’s leased portion was sold to Nonparty F, etc., and F, etc. completely paid the sale price on May 14, 2015. Plaintiff B’s leased portion was sold to Nonparty G on May 20, 2015, and G completely paid the sale price on July 1, 2015.

C. At the instant auction procedure, the Plaintiffs filed an application for a report on rights and a demand for distribution on August 29, 2014 and September 16, 2014, respectively, prior to the completion period to demand a distribution (on September 22, 2014). On August 10, 2015, the said court: (a) drafted a distribution schedule stating that the Defendant, who is the owner of the instant auction procedure, concurrently holding the right to demand a distribution, distributes the remaining amount after distributing it to the delivery right holder, the mortgagee, and the person holding a provisional seizure, out of the amount to be actually distributed, excluding the Plaintiffs from dividends; and (b) formulated a distribution schedule that distributes the total amount of dividends to the Defendant (hereinafter referred to as “instant distribution schedule”); and (c) the Plaintiffs present on the distribution date and present on the distribution date to the Defendant.

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