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(영문) 부산지방법원 2016.01.29 2015가단52141
배당이의
Text

1. Of the distribution schedule prepared on July 14, 2015 by the above court in the Busan District Court B's application for the auction of real estate.

Reasons

1. Facts of recognition;

A. On March 19, 2012, the Defendant entered into a lease agreement with the owner promotion asset corporation (hereinafter “instant company”) of 10,000,000, monthly rent of KRW 550,000 (including value-added tax) of the building C in Busan-dong, Busan-gu (hereinafter “instant building”) and entered into a lease agreement with the owner promotion asset corporation (hereinafter “instant company”). On January 3, 2014, the Defendant entered into the lease agreement again (hereinafter “instant lease agreement”) by setting the deposit amount of KRW 20,000,000 (including KRW 10,000,000), monthly rent of KRW 550,00 (including value-added tax, the 19th of each month), and the lease agreement by setting the lease period of KRW 10,00 from January 3, 2014 to January 3, 2015.

B. The column for the terms and conditions of the instant lease agreement states as follows: “The deposit for lease on a deposit basis shall be paid by the lessor at any time when the lessee requests the return (the promotion asset corporation).”

C. The Plaintiff is the mortgagee of the instant family registry (the maximum bond amount of KRW 226,20,000,000 on March 6, 2012). As the obligor lost the benefit of time, the Plaintiff applied for an auction of real estate in relation to the above family registry to Busan District Court B to recover the claim, and the decision to commence auction was made on April 9, 2014.

In the above auction procedure, the defendant reported a right as a small lessee under the Housing Lease Protection Act and made a demand for distribution.

E. On July 14, 2015, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 157,455,706 to the Plaintiff (remortgager) in the order of joint 19,000,000 to the Defendant (subsum lessee) on the date of distribution open on July 14, 2015. The Plaintiff filed the instant lawsuit after stating an objection against KRW 7,70,000 out of the Defendant’s amount of distribution.

[Reasons for Recognition] Facts without dispute, Gap 2, 3, 5, 6 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion appears to have occupied the instant heading room until the end of May 2015.

Nevertheless, it is not possible.

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