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(영문) 창원지방법원진주지원 2016.09.22 2016가단3177
배당이의
Text

1. The defendant among the distribution schedule prepared by the said court on April 25, 2016 in the distribution procedure B case of the Changwon District Court Jinwon Branch B.

Reasons

Basic Facts

The Plaintiff had, on May 31, 1997, a collective security right (hereinafter “each of the instant collective security rights”) that completed the registration of creation of a mortgage (the maximum amount of claims KRW 19,500,000) on the C Apartment No. 202 (hereinafter “the instant real property”) (hereinafter “each of the instant collective security rights”) under No. 34425, Jul. 13, 2009, as the receipt of the court No. 34425, supra, with respect to the registration of creation of a neighboring mortgage (the maximum amount of claims KRW 14,00,00).

On July 8, 2015, the Plaintiff applied for an auction to exercise the security right to the instant real estate in this Court, and this Court rendered a decision to commence the auction as B.

On April 25, 2016, this Court drawn up a distribution schedule as follows:

The plaintiff raised an objection against the defendant among the above distribution schedule and filed the lawsuit in this case against the plaintiff 3's applicant creditors (1997-24497, 2009-3425), 23,490, 390 71.48% of the above distribution schedule. The plaintiff raised an objection against the defendant among the above distribution schedule.

[Reasons for Recognition] Where there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5, and the scope of a tenant and a security deposit to be preferentially reimbursed is changed due to the amendment of the Act and the Enforcement Decree on the Grounds for Claims for the whole pleadings, if any, to determine whether a tenant and a security deposit constitutes a small lessee who are to be preferentially reimbursed in relation to a security right holder, it

(See Supreme Court Decision 2001Da84824 Decided March 29, 2002, etc.). Article 2 of the Addenda to the Enforcement Decree of the Housing Lease Protection Act (Presidential Decree No. 27078) provides that "any person who has acquired a security right to the leased house prior to the enforcement of this Decree shall be subject to the previous provisions regarding the scope of the specified amount of the security deposit to be preferentially repaid." Thus, when each of the instant mortgages was first established in 1997, the lease deposit for which the Defendant is recognized as a lessee of small claims pursuant to the Housing Lease Protection Act is KRW 5,00,000.

Therefore, the defendant.

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