Whether the objection against the distribution by the lessee of small claims is appropriate

A case recognized as a genuine small tenant in light of a lease contract, a certificate of payment, a resident registration certificate, a fixed date, a written confirmation of residence, etc.

With respect to the case of applying for auction of real estate rent in 11303,00,00 won in the distribution schedule prepared on September 25, 2006 by this court, the amount of KRW 180,170,170 to the defendant Ansan City shall be KRW 145,530,000 for the dividend amount of KRW 12,00,000 for the defendant Ansan-si, and KRW 145,530 for the defendant Korea, the dividend amount of KRW 1,773,062 for the defendant 0 shall be changed to KRW 0,00,000 for the dividend amount of KRW 6,329,517 for the defendant Ansan-si, and the amount of dividends to the defendant Korea shall be changed to KRW 145,530 for the defendant 1

2. The costs of lawsuit shall be borne by the Defendants.

The same shall apply to the order.

1. Basic facts

(a) Procedure for the auction of real estate for the exercise of security rights;

On September 27, 2005, the court rendered a decision to commence the auction on the apartment of this case on September 27, 2005 (the decision to commence the auction on September 27, 2005) on the following grounds: (a) 00.00 .00 .00 .00 . 714-7 00 . 50 .04 hereinafter "the apartment of this case").

B. On September 25, 2006, the auction court confirmed the amount of KRW 15,538,491, which is to be actually distributed after deducting the execution expenses from the sale price, etc. of the apartment in this case, on the date of distribution, etc. on September 25, 2006, and determined the amount of KRW 15,538,491, which is to be actually distributed, and 180,137 won (the pertinent tax 149,870 won + the license tax 15,570 won, resident tax 14,550 won), which is to be distributed to 00,000, which is to be the mortgagee, and 12,000,000 won to Defendant 0, who is the mortgagee, and 145,530,000 won to Defendant 1,530 won, 400 life insurance companies, and 1,439,779 won to each of the instant dividends are excluded from the Plaintiff’s dividends.

C. On the date of the above distribution, the Plaintiff raised an objection against the dividend portion against the Defendants, and filed a lawsuit of demurrer against the distribution of this case.

[Reasons for Recognition] Gap evidence Nos. 5, 6, 16, Eul evidence No. 2, the whole purport of oral argument

2. The parties' assertion and judgment

A. The parties' assertion

From February 23, 2004, the Plaintiff asserted as the genuine small-sum lessee who leased the instant apartment from 000, which was the owner at the time, before the commencement of the lease claimed by the Plaintiff, the Defendants asserted as the primary lessee that the Plaintiff was the highest lessee, on the following grounds: (a) three provisional attachment registration was made for the instant apartment, which was the sum of the provisional attachment amount, 25,233,801; and (b) the collateral mortgage was two or more; (c) the Plaintiff was one year after the commencement of the lease, and (d) the Plaintiff did not properly indicate that the decision to commence the sale of the instant apartment was obtained a fixed date immediately before the decision to commence the sale of the auction, and that the deposit was paid.

2. Determination

Therefore, we examine whether the plaintiff is a true tenant.

In full view of the purport of argument as to the apartment of this case as indicated in Gap 1, 2, 4, 7, and 15, Gap 17-17-2, and Eul 2, it was published in the intersection where the advertisement that the plaintiff rent at 1 million won per month from January 29, 2004 to 8 million won per month is living information site. The plaintiff submitted the lease deposit amount of 8,00,000,000 won per month between February 23, 200 and 8,000, 80,000 won per month, 7,20,200,000 won per month from 0,000 won until 20,000 won per month from 20,000 won per month, and 3,000,000 won per month from 20,000 won per month to 3, 205,000 won per month from February 27, 2004.

On February 23, 2004, the plaintiff cannot be deemed to have leased the apartment of this case by paying the lease deposit of KRW 8,000,000 and monthly rent of KRW 100,000,00, after entering into a lease contract with 000 around February 23, 2004. The term of lease shall be extended without returning the lease deposit after one year, and the deposit shall be presumed to have not been paid in advance on March 22, 2005, and seven million won shall be presumed to have been additionally paid. Accordingly, the plaintiff shall be deemed to have leased the apartment of this case on February 23, 2004.

In addition, the defendants are insufficient to reverse the fact that the plaintiff is a genuine tenant only because they asserted.

3. Conclusion

Therefore, it is unfair that the auction court did not recognize the plaintiff as a small lessee and distributed only to the defendants. Since the specified amount of the deposit exceeds 1/2 of the value of the house, the court shall be entitled to preferential dividends of 7,769,245 won, which is the amount equivalent to 1/2 of the value of the house. Thus, with respect to the case of applying for the auction of real estate rent at 11303, Sept. 25, 2006, in the distribution schedule prepared by this court on September 25, 2006, the amount of 180,170 won to the defendant 00, and the amount of 12,619,375 won to the defendant 00, and the amount of dividends to the defendant 145,530 won to the defendant 147,730 won to the defendant 147,7620, the amount of dividends to the defendant 100, and the plaintiff's claim to reduce the amount shall be justified.