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(영문) 의정부지방법원 고양지원 2018.10.10 2018가단71393
배당이의
Text

1. The document prepared on January 16, 2018 by this Court concerning the case of an application for the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.

Reasons

1. On January 16, 2018, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 307,63,886 to the Defendant, the lessee of small amount of money, the first priority of which is KRW 27,00,000, KRW 200, and KRW 511,070, and KRW 3,012,816 to the Plaintiff, the mortgagee of small amount of money, who is the right to deliver the pertinent tax, in the order of KRW 511,070, and KRW 511,070, and KRW 3,000 to the Plaintiff (the Industrial Bank of Korea, the mortgagee of small amount of money, has acquired the right from the Industrial Bank of Korea), who is the right to deliver the pertinent apartment, in order to distribute the amount of KRW 280,122,816 to the Plaintiff, the mortgagee of small amount of money (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, entry of Gap 2, 3, and 6 evidence, purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff of the parties concerned shall be excluded from the dividend of this case, since the plaintiff is not the most lessee or the small lessee entitled to protection under the Housing Lease Protection Act.

The defendant asserts that he is a legitimate lessee who actually resides in the apartment of this case after concluding a lease contract with C and making a move-in report.

B. According to the evidence evidence No. 5 in the sales slip No. 5, the Defendant and C prepared a lease contract (hereinafter “instant lease contract”) with respect to the instant apartment on January 5, 2017, with the lease deposit of KRW 29,500,000 (the lease deposit of KRW 3,000,000 at the time of the contract, KRW 26,50,000), the remainder of January 5, 2017, KRW 500,000 for the rent month, and the lease term of KRW 50,00 for January 5, 2017 to January 4, 2018, and the Defendant completed the move-in report of the instant apartment on February 13, 2017 and obtained the fixed date at the E-dong community service center.

However, in full view of the following circumstances, the Defendant is not a genuine small-sum lessee, and the Defendant is not a true small-sum lessee. In full view of the following circumstances, the evidence Nos. 5, 6, 8, 2, 5, and 8, and the witness F’s testimony.

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