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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Both claims;
A. On February 9, 2013, the Plaintiff entered into a lease agreement with Pyeongtaek-si E Basement (hereinafter “instant building”) to lease the lease deposit of KRW 18 million (hereinafter “instant lease agreement”) and resided in the instant building from March 2013, and completed the move-in report on the instant building on July 9, 2013.
From February 5, 2013 to August 13, 2013, the amount paid by the Plaintiff to the lessor on the part of the lessor and the amount of the claim in lieu of the payment of the lease deposit, under an agreement with the lessor, shall reach the aggregate of KRW 17,385,940.
Therefore, the instant dividend table is unfair in the auction procedure concerning the instant building, even though the Plaintiff was a genuine small lessee subject to protection under Article 8 of the Housing Lease Protection Act, and thus, it is necessary to revise the instant dividend table by allocating the amount of KRW 14 million out of the Defendant’s dividend amount to the Plaintiff, who is a lessee.
B. The Plaintiff is merely the most lessee who did not conclude a lease agreement with respect to the instant building, and the instant distribution schedule is justifiable.
2. The following circumstances: (a) there is no dispute between the parties, or there is insufficient evidence to acknowledge that the Plaintiff actually resided in the building of this case after the lapse of about four months from March 2013, the date of transfer; (b) the instant lease agreement submitted by the Plaintiff does not include any term of lease; (c) the date of preparation is written on July 9, 2013 when five months have elapsed from the date of actual conclusion of the lease agreement; and (d) there is no evidence to verify that the said lease agreement was genuine, and (e) there is no evidence to prove that the said lease agreement was genuine.