Whether a person is a genuine small-sum lessee

It is the true small-sum lessee who has entered into a lease contract and paid the deposit money after the lease contract is entered into in terms of the fact that only the receipt was received, but it was prepared again to obtain a fixed date after the expiration of the lease contract.

The contents of the decision shall be the same as attached.

1. Of the dividend table prepared by this court on July 14, 2008 with respect to the auction of real estate (No. 2007TT) No. 3723, the dividend amount of the Defendant Suwon Tax Office KRW 437,280, the dividend amount of the Defendant National Agricultural Cooperative Federation KRW 235,110, and the dividend amount of KRW 5,290,240 for the Defendant Busan Tax Credit Guarantee Foundation shall be deleted, respectively, and the dividend amount of KRW 6,037,370 for the Plaintiff shall be corrected to KRW 12,00,000.

2. The costs of lawsuit are assessed against the Defendants.

The same shall apply to the order.

1. Basic facts

A. ○○○○○○○○○-dong, 1296-67 70 square meters, and 2nd apartment houses, etc. on the ground of cement bricks, bricks, slabbows, underground roof, etc. (hereinafter the above detached houses were applied for voluntary auction by ○○ Bank, a person holding the right to collateral security, filed an application for voluntary auction with the competent court around 2007ta3723, and the said court proceeded with the auction procedure on February 23, 2007.

B. In the above auction procedure on July 20, 1995, the Plaintiff filed an application for a report on the right and demand for distribution by asserting that the first floor of the instant building (the leased object of this case) is a small lessee who leased the lease deposit of KRW 20 million.

C. On July 14, 2008, the auction court prepared a distribution schedule that distributes KRW 6,480,435 to ○○○○ Bank Co., Ltd., the mortgagee, the mortgagee of the right to collateral security, KRW 18,69,194, KRW 437,280 to ○○○○○ Cooperative, the mortgagee of the right to collateral security, and KRW 5,290 to 235,110 to ○○○○ Cooperative, the holder of the right to demand the distribution of KRW 747,130,000, KRW 5,290 to 235,240 to the Defendant National Agricultural Cooperative, the holder of the right to demand the distribution of KRW 747,130, the sum of KRW 6,037,370 to the Plaintiff, who is the mortgagee of the right to demand the distribution (judgment).

D. Accordingly, the Plaintiff filed a lawsuit of demurrer against the distribution amounting to KRW 437,280, the dividend amounting to Defendant National Agricultural Cooperative Federation amounting to KRW 235,110, and the dividend amount regarding Defendant Busan Credit Guarantee Property amounting to KRW 5,290,240.

[Reasons for Recognition] Each entry of Gap 1 to 5, 7, 10

2. The parties' assertion

The plaintiff asserts that it is unfair to pay the lease deposit to Seo-gu ○○ by intending to lease the leased object of this case from Seo-gu ○○○○, and to pay the lease deposit to the Seo-gu ○○○○, and that it is reasonable to regard himself as the most lessee in the distribution procedure and distribute only the above remaining amount of KRW 5,290,240 and the sum of KRW 747,130 and KRW 6,037,37,370 to himself/herself, who is the mortgagee, in spite of the fact that the moving-in report was completed.

In light of the fact that Defendant ○○ Tax Office and Busan Credit Guarantee Foundation have a lease contract term of 12 years under the lease contract between ○○○ and the Plaintiff, the Plaintiff obtained a fixed date on November 28, 2006, which was the date of application for the auction of this case, and the Plaintiff obtained a fixed date on November 28, 2006, which was the three months prior to the date of application for auction of this case, the mortgage amount of 19.5 million won was established at the time of the above lease, and the enforcement officer visited the building of this case several times in order to grasp the present status of possession at the auction of this case, but the Plaintiff was not present.

B. Determination

As to whether the Plaintiff is a genuine lessee, comprehensively taking account of the overall purport of argument in the evidence Nos. 17, 12 through 14, and 15, the Plaintiff received 20 million won from ○○○○○○ on July 20, 1995, the Plaintiff continued to receive 20 million won on the premise that the Plaintiff received 20 million won from ○○○○○○○○○ on behalf of ○○○○○○○○○○ on the premise that the Plaintiff received 20 million won on the lease deposit, and that the Plaintiff continued to receive 20 million won on the premise that the Plaintiff received 20 million won on the lease deposit from ○○○○○○○○○○○ on the premise of the lease deposit, and that the Plaintiff received 20 million won on the premise that the lease deposit from 20,000 won on the premise that the lease deposit was made on July 20, 195.

3. Conclusion

Therefore, this Court deleted the dividend amount of 437,280 won against Defendant ○○ Tax Office among the dividend table prepared on July 14, 2008, the dividend amount of 235,110 won against Defendant National Agricultural Cooperative Federation, and the dividend amount of 5,290,240 won against Defendant Busan District Credit Guarantee Foundation, respectively, and the dividend amount of 6,037,370 won against Plaintiff shall be corrected to 12,00,000 won. Thus, this Court decides to accept the Plaintiff’s claim of this case with merit.