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(영문) 춘천지방법원원주지원 2015.04.23 2014가단9587
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C was the owner who completed the registration of ownership transfer on June 17, 2008 (hereinafter “instant apartment”) with respect to Gangwon-do Apartment No. 104, 107 (hereinafter “instant apartment”).

B. As of February 27, 2011, between the Plaintiff and C, the lease agreement was drafted between the Plaintiff and C as of KRW 15,000,000, and the lease agreement concluded between March 10, 2011 and 24 months from March 10, 201.

(A) On March 10, 201, the Plaintiff completed the move-in report to the instant apartment on March 10, 201, and received a fixed date on April 18, 2011 under the instant lease agreement.

On the other hand, on October 8, 2013, the Plaintiff transferred the resident registration from the apartment of this case to the Seoul-si E, 203 Dong 1404, but again transferred the resident registration to the apartment of this case on March 20, 2014.

C. On November 12, 201, F completed the registration of the establishment of a neighboring mortgage in the name of the Defendant C, the maximum debt amount of KRW 45,000,00 with respect to the instant apartment on November 12, 201, and on November 24, 2014, the said right to collateral security was transferred to the Defendant, and the registration of the establishment of the right to collateral security was completed in the name of the Defendant

On November 2, 2011, the National Bank of Korea (hereinafter “the instant auction”) filed an application for the auction of real estate (hereinafter “instant auction”) with the Chuncheon District Court B regarding the instant apartment on March 25, 201, and filed a decision to commence auction on March 26, 2014. The decision to commence auction was registered on the same day.

E. The Plaintiff asserted that it is a small lessee under Article 3(1) of the Housing Lease Protection Act at the auction of the instant case, and made a demand for distribution on April 21, 2014.

F. On the date of distribution of the auction of this case implemented on December 24, 2014, the Chuncheon District Court’s original branch rendered the distribution amount to the Defendant as KRW 25,222,623 on the date of distribution of the auction of this case, and the Plaintiff prepared a distribution schedule excluded from the creditors entitled to distribution (hereinafter “instant distribution schedule”).

(g).

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