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(영문) 서울서부지방법원 2014.12.24 2013가단245892
배당이의
Text

1. The Seoul Western District Court B and C (Dual) drafted on November 21, 2013 with respect to the auction of real estate.

Reasons

1. On November 21, 2013, with respect to the auction case of real estate rent in the Seoul Western District Court B and C (Dual) with respect to the real estate listed in the separate list on the basis of facts (hereinafter “instant real estate”), the above court: (a) deemed the Defendant as a small lessee under the Housing Lease Protection Act; and (b) drafted a distribution schedule to distribute the amount of KRW 173,922,967 to the Plaintiff, the transferee of the Bank, the applicant creditor, the Plaintiff of the Bank, as the applicant creditor, by deeming the Defendant as a small lessee under the Housing Lease Protection Act; and (c) deeming the Defendant as a mortgagee of the small amount under the Housing Lease Protection Act.

(hereinafter “instant distribution schedule”). 【No dispute exists, A’s evidence Nos. 1 through 6, and the purport of the entire pleadings

2. Assertion and determination

A. The gist of the parties’ assertion argues that the Plaintiff did not establish the Defendant’s claim on the ground that the Defendant did not pay the lease deposit. Accordingly, the Defendant asserted that D had preferential payment right as to KRW 10,000,000,000, among the buildings listed in the attached Table Nos. 2 (hereinafter “instant building”) from E on November 4, 2006, the lease deposit amount of KRW 10,000,000, and the lease term of November 11, 2006 to November 10, 2007. The Plaintiff paid KRW 10,000,000 to D around February 2, 201, and acquired the lease right of KRW 10,000,000.

B. The requisite for setting up against the resident registration under Articles 3(1) and 3-2(2) of the Housing Lease Protection Act should continue to meet the requirements for setting up against the resident registration. As such, if a lessee of a house, after completing a moving-in report as the location of the house, has acquired the opposing power of the right of lease by moving-in, and thereafter has transferred the resident registration to another lot number other than the lot number of land which is the site

In order to ensure the safety of transaction, the resident transfer registration, which is a requisite for setting up, has been prepared as a public announcement method that enables a third party to clearly know the existence of the right of lease.

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