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(영문) 전주지방법원 2015.11.03 2015가단20799
배당이의
Text

1. On June 17, 2015, the distribution schedule prepared by the preceding district court with respect to the case of a voluntary auction of real estate B.

Reasons

1. Facts of recognition;

A. On July 2, 2012, C borrowed money from the Plaintiff, and made a registration of the establishment of a neighboring mortgage with respect to the real estate indicated in the separate sheet owned by C (hereinafter “instant housing”) to secure that money, the maximum debt amount of which is KRW 45,50,000, and the debtor C and the plaintiff of the right to collateral security (hereinafter “instant housing”).

B. After December 2013, C entered into a lease agreement between the Defendant and his wife D (hereinafter “Defendant Panel”) with each of the following terms: (a) 202 units of the instant housing; (b) 201 units of lease deposit to D; (c) 15,000,000 won each; (d) 24 months from December 22, 2013; and (e) 50,000 won each of the monthly rents; and (b) the aforementioned 201 units and 202 units of real estate subject to sectional ownership on the register are independent real estate, but it is possible for the family’s community life through the passage made between them.

C. On December 23, 2013, the Defendant Division received the instant housing, made each move-in report on the same day, and obtained a fixed date in each lease contract.

Since then C did not repay the borrowed debt, the Plaintiff is above C.

On September 1, 2014, after executing the mortgage mentioned in the subsection, the voluntary auction procedure was initiated to the Jeonju District Court B with respect to the housing of this case.

E. On June 17, 2015, the Plaintiff: (a) as the applicant creditor and the mortgagee of the right to collateral security; and (b) as the lessee of each of the small claims, the Defendant filed a report on the right and demand for distribution in the instant auction procedure with each of the lease deposit amounting to KRW 15,00,000; and (c) on June 17, 2015, the court of auction recognized the Defendant father as a small lessee under the Housing Lease Protection Act (hereinafter “Act”); and (d) drafted a distribution schedule that distributes the amount of KRW 14,00,000 to the Defendant father, each of whom was the date of distribution, and the amount of KRW 46,178,986 to the Plaintiff (hereinafter “instant distribution schedule”).

F. On the date of the above distribution, the Plaintiff filed a lawsuit of demurrer against the distribution of this case on the ground that the Defendant was the largest lessee.

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