beta
Text
1. A distribution schedule prepared on September 9, 2015 by the above court with respect to the auction case of real estate in Busan District Court Dong Branch K.
Reasons
1. Basic facts
A. On August 25, 2011, the Plaintiff loaned KRW 1,100,000 to Nonparty L Co., Ltd. (hereinafter “Nonindicted Company”) and set up a collateral security on the land of Busan-gun M& (hereinafter “auction real estate”) to secure this.
A CDD E F G H I J
B. In the above auction procedure (K), the Plaintiff filed an application for auction with the Busan District Court for the said collateral security that the non-party company did not pay a loan. In the above auction procedure (K), the Defendants concluded a lease agreement with the non-party company as to the leased object, and made a demand for distribution on the ground that the non-party company is a small lessee who made
C. On September 9, 2015, on the date of distribution of the above auction procedure, the above court prepared a distribution schedule that the Defendants distributed KRW 15,000,00 to Defendant A, C, E, F, G, I, and J in preference to the Plaintiff on the grounds that the Defendants were small lessee under the Housing Lease Protection Act, and KRW 10,000 to Defendant D, and KRW 10,000 to Defendant H.
Accordingly, on the date of distribution, the Plaintiff raised an objection against the entire amount of dividends of the Defendants, and filed the instant lawsuit on September 9, 2015, within seven days thereafter.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The Plaintiff’s assertion is merely the most lessee who made a demand for distribution by abusing the top priority repayment clause under the Housing Lease Protection Act, and thus, each dividend amount against the Defendants should be deleted in full and distributed to the Plaintiff.
3. Determination
A. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small amount lessee, the purpose is to ensure the stability of the residential life of citizens