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(영문) 수원지방법원 2015.02.10 2014가단53031
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The remaining Seoul Agricultural Cooperative, on July 23, 2013, received a voluntary decision to commence the auction on the basis of the right to collateral security of the maximum debt amount of 48 billion won as to the Suwon-si District Court D and 1606, owned by C, on July 23, 2013.

On September 30, 2013, South Seoul Agricultural Cooperative succeeded to the status of the applicant creditor as the Plaintiff transferred the above bonds to the Plaintiff.

On September 2, 2014, the above court held that the defendant is a small lessee under the Housing Lease Protection Act and prepared a distribution schedule that distributes 12 million won. The plaintiff raised an objection to the said distribution.

On April 6, 2013, the Defendant entered into a lease agreement with C on the deposit for lease on the apartment of this case with C, and completed the move-in report and the fixed date on April 15, 2013 and moved in.

Although the Defendant entered into a lease agreement as above despite the fact of the above establishment of the above collateral security on the apartment of this case, it is a fraudulent act detrimental to the Plaintiff, and thus, the Defendant cannot be deemed a small lessee under the Housing Lease Protection Act, so the above distribution schedule should be revised as stated in the purport of

2. According to the purport of the entirety of the pleadings, the Defendant entered into a lease agreement with C on April 6, 2013 with respect to the instant apartment, with a deposit of KRW 20 million per month, and KRW 700,000 per month, and entered into a move-in report and a fixed date on April 15, 2013, and entered into a move-in report and a fixed date on April 15, 2013. The Defendant paid the lease deposit to C as the down payment on April 7, 2013, KRW 2 million per month, and KRW 18 million per month on April 13, 2013, and continued to pay the lease deposit as the down payment on April 7, 2013.

Therefore, the defendant is a legitimate small lessee under the Housing Lease Protection Act, and the reasons asserted by the plaintiff cannot be said to be the most lessee.

(B) The plaintiff's claim is justified. (3) In conclusion, the plaintiff's claim is justified.

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