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(영문) 수원지방법원성남지원 2015.03.31 2014가단205538
배당이의
Text

1. A distribution schedule prepared on March 27, 2014 by the said court with respect to the case of the voluntary auction of real estate C with the Suwon District Court Sung-nam District Court.

Reasons

1. Basic facts

A. On September 27, 2013, with respect to the instant apartment that was owned by G upon request of the Plaintiff, who is the right to collateral security (right to collateral security), the procedure of the auction of real estate was initiated by the Suwon District Court Sungnam Branch C.

B. In the above auction procedure, on March 27, 2014, the court of execution prepared a distribution schedule with the content of distributing KRW 402,937,415 in the order of first priority to the Defendants, who are the lessee of small amount, each of whom is the date of distribution, and second priority to the Plaintiff (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the date of distribution, and raised an objection against each of the dividend amounts to the Defendants, and thereafter filed the instant lawsuit on April 2, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, and 7 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. (1) The plaintiff asserts that it is unfair to distribute dividends to the defendants by the executing court is a lessee who is the most lessee or a lessee who enters into a lease agreement to acquire unjust benefits by abusing the Housing Lease Protection Act, and is thus subject to protection of the aforementioned Act.

(2) As to this, the Defendants asserted to the effect that each owner of G and the apartment of this case entered into a lease agreement and paid a security deposit, and that it is the genuine lessee who actually resided therein.

B. According to the evidence evidence No. 5, 6, Eul evidence No. 2, Eul evidence No. 5, Eul evidence No. 2, Eul evidence No. 2, Eul 2, 4, and 5 as to whether the Defendants are the most lessee, the following facts are as follows: (i) each one of the apartment units of this case on August 10, 2013; (ii) the deposit No. 25 million won for the Defendant A; (iii) the monthly rent; and (iv) the period from August 21, 2013 to August 20, 2014; and (iv) each lease contract was made by setting each of the deposits No. 22 million won for the Defendant B from August 27, 2013 to August 26, 2014;

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