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(영문) 전주지방법원 2019.05.31 2018가단28930
배당이의
Text

Of the distribution schedule prepared by the above court on November 7, 2018 with respect to D D's auction of real estate, the plaintiff is the plaintiff.

Reasons

The preparation of the distribution schedule and the plaintiff raised an objection against E, with the claim of KRW 73,291,732 against E, and with its executive title, the plaintiff filed an application for voluntary auction against the F G apartment unit F G in Seongdong-gu, Seoul Special Metropolitan City (hereinafter “the apartment of this case”).

(B) On February 9, 2018, the distribution schedule was drawn up that the Defendant received KRW 15,00,000 as a small lessee and the Plaintiff received KRW 68,139,021 out of the above claims in the case of D's auction of real estate in the Jeonju District Court D's Seoul District Court.

On November 7, 2018, the date of distribution, the Plaintiff raised an objection against KRW 2,00,000 among the Defendant’s dividends.

(A) On November 18, 2016, the Defendant’s existence and scope of the Defendant’s credit shall be leased from E with a deposit of KRW 15,00,000, rent of KRW 200,000 (payment on November 19), and the period from November 18, 2016 to November 17, 2018. The Defendant completed his/her resident registration after delivery of the said apartment.

Therefore, pursuant to Article 8 (1) of the Housing Lease Protection Act, the defendant can be preferentially reimbursed for the full amount of KRW 15,000,000 as a small lessee pursuant to the Housing Lease Protection Act.

(No. 1). The plaintiff asserted that the defendant is the most lessee, but there is no evidence to acknowledge this.

On the other hand, the security deposit received from the real estate lease guarantees all the lessee's obligations arising from the lease, such as rent and damages liability arising from the destruction, damage, etc. of the object, and the amount equivalent to such secured obligations is naturally deducted from the security deposit without any separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship.

Therefore, in the event that the lease contract on the mortgaged real estate is terminated by the auction on the mortgaged real estate, the amount equivalent to the rent in arrears by the lessee shall be naturally deducted from the deposit to be distributed by the lessee, regardless of whether it was before and after the seizure of the mortgaged real estate.

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