(영문) 수원지방법원 2014.08.26 2013가단97027

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(영문) 수원지방법원 2014.08.26 2013가단97027

배당이의

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1. Defendant among the distribution schedule prepared on October 28, 2013 by the above court with respect to the case of Suwon District Court C’s compulsory auction of immovables.

Reasons

1. Facts of recognition;

A. D and wife asked E to lend the name of the lessee of the lease agreement to the F (G after the opening of the name), and on August 12, 2006, F entered into a lease agreement with the following terms: (a) around 30,000,000 lease deposit (hereinafter “lease deposit”); (b) around September 13, 2006, to lease each of the lease agreements (hereinafter “the previous lease agreement”).

B. D and E paid 30,000,000 won to H via F until September 13, 2006, after completing a move-in report on the instant house on the same day, and reside in the said house. On the other hand, F completed the move-in report on the instant house on the 14th day of the same month, but did not actually reside.

C. D and E entered into a lease agreement with H about the instant housing at around November 2007, wherein F had the address relocated, around that time, under the name of E and agreed to substitute for the payment of the said lease deposit with the instant lease deposit, while entering into a lease agreement with H as to the instant housing at KRW 30,000,000.

Around March 14, 2007, the Plaintiff agreed to obtain the status of lessee under a lease agreement on the instant housing from D and E, instead of paying KRW 30,000,000 leased to D around March 14, 2007. The Plaintiff entered into a lease agreement with H and the instant housing in the name of the Plaintiff, setting the lease deposit amount of KRW 30,00,000 (hereinafter “instant lease agreement”) around March 4, 2010, and agreed to substitute the said lease deposit for the payment of the instant lease deposit: Provided, That in consideration of the period of the previous lease agreement, the date of entering into the instant lease agreement was September 13, 2010 and the term was set as 24 months from September 13, 2010 to September 24, 2010.

E. The Plaintiff around March 4, 2010.

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