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(영문) 의정부지방법원고양지원 2015.06.26 2014가단36064
배당이의
Text

1. It was drawn up by the above court on October 15, 2014 with respect to the voluntary auction case of the real estate B in Gyeyang-gu District Court.

Reasons

1. Facts of recognition;

A. On July 27, 2013, the Plaintiff entered into a lease agreement with C, which entered into a lease agreement with the said C, with respect to the Korea-Japan-dong 105 Dongdong-gu 1802 (hereinafter “instant real estate”). The lease deposit was KRW 28,00,000, and the lease term was from August 6, 2013 to August 5, 2015.

The plaintiff completed the move-in report and the fixed date on August 1, 2013.

B. On June 23, 2011, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”)’s claims and auction proceedings were each loaned KRW 288,000,000,000 from the new bank, a stock company, with a view to securing the loans, and each of the collateral security claims worth KRW 345,60,000 on the same day was created with respect to the said real estate.

Around December 24, 2013, the Defendant transferred the loan (50,000,000 won in the balance of the loan) from the above bank to C according to an asset acquisition agreement, and applied for the commencement of voluntary auction to Yangyang-dong District Court B, and the auction procedure was conducted after receiving the decision on March 3, 2014.

In the above auction procedure, the Plaintiff filed a report on the right as a lessee and filed an application for demand for distribution.

C. On October 15, 2014, the lower court drafted a distribution schedule to the effect that the Plaintiff excluded the Plaintiff from the distribution of dividends, and that the Defendant distributes KRW 351,641,316 to the Defendant.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against 22,00,000 won out of the amount of dividend of the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 5 through 7, the purport of the whole pleadings

2. The plaintiff asserts that he is a genuine tenant who is protected by the Housing Lease Protection Act, and asserts that 22,000,000 won, which is the small amount of deposit under the said Act, should be distributed to the plaintiff out of the dividend distributed to the defendant.

As to this, the defendant is the most lessee.

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