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(영문) 수원지방법원 2015.04.02 2014가단512165
배당이의
Text

1. Of the distribution schedule prepared on May 14, 2014 by the said court with respect to the Suwon District Court B real estate auction cases.

Reasons

1. Basic facts

A. On August 1, 2013, on the real estate listed in the attached list C (hereinafter “instant apartment”), the procedure for the auction of real estate was initiated on August 1, 2013 at the Suwon District Court B (hereinafter “instant auction procedure”).

B. During the above voluntary auction procedure, the execution court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, who demanded a distribution of KRW 381,262,670,00 to the small lessee, who actually distributed the amount of KRW 381,262,670, which was deducted from the sale price and interest of the apartment in this case, shall be a small lessee, KRW 669,340, and the remaining KRW 376,193,330, which shall be distributed to the Plaintiff.

C. On May 14, 2014, the Plaintiff appeared on the date of distribution and raised an objection to the entire amount of distribution to the Defendant.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 7, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendant is the most lessee or the Defendant and C should cancel the lease agreement on the apartment of this case concluded with the Defendant as it constitutes a fraudulent act.

Even if it is not so, there is no amount to be distributed to the defendant in excess of the deposit.

Therefore, the distribution schedule of this case must be corrected to delete the distribution of dividends to the defendant and distribute the amount to the plaintiff.

B. As the Defendant C entered into a legitimate lease agreement with Defendant C and is entitled to receive benefits, necessary expenses, etc., a larger amount of dividend should be paid.

3. Determination

A. In determining the cause of the claim, in a lease agreement, the lease deposit covers all the lessee’s obligations arising from the lease until the lessor issues an order to the lessor after the termination of the lease. The amount equivalent to the secured obligation is returned after the termination of the lease relationship, barring any special circumstance.

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