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(영문) 청주지방법원영동지원 2020.07.10 2019가단3669
배당이의
Text

1. On January 24, 2019, the Cheongju District Court’s Yong-dong Branch C, D (Consolidated), E (Consolidated), and F (Dupl) courts are the same courts.

Reasons

1. Facts of recognition;

A. On June 20, 2017, the Plaintiff leased KRW 40 million to G with the maturity of KRW 23% per annum on September 20, 2017, and each of the real estates listed in the separate sheet owned by G as collateral for the foregoing claim (hereinafter “each of the instant real estates”); and the building including each of the real estates listed in the separate sheet was “the instant building”; and the real estate listed in paragraph (1) of the separate sheet was created a joint collateral settlement with the maximum debt amount of KRW 52,00,000 as to the instant apartment.

B. As to each of the instant real estate, the decision to commence voluntary auction was rendered on November 9, 2017 at the Plaintiff’s request by Youngju District Court Young-dong Branch C, the decision to commence voluntary auction was made on December 20, 2017 at the request of H association, and the decision to commence compulsory auction was made on October 10, 2018 at the request of Cheongju District Court Young-dong Branch D, Youngju District Court on December 20, 2017, respectively.

C. On January 24, 2018, the Defendant asserted that “A person, on October 12, 2017, leased the instant apartment from G, with the lease deposit of KRW 15 million, monthly rent of KRW 300,000,000, and the lease term from October 12, 2017 to October 11, 2019. On the same day, the Defendant filed a move-in report with the instant apartment as his residence, and obtained a fixed date on the lease agreement document, and received the instant apartment on October 19, 2017, and filed a report on the right and demand for distribution with the said court.”

With respect to each of the instant real estate and the instant building Jhoho Lake, K, L, and M, the auction procedure (hereinafter “instant auction procedure”) was in progress due to the Youngju District Court’s Young-dong Branch C, D (Joint), E (Joint), and F (Dupl). At the said auction procedure, N purchased the instant apartment on December 17, 2018, and paid the purchase price, thereby acquiring ownership.

E. On January 24, 2019, the date of distribution of the instant auction procedure, the said court held that the Defendant is a small lessee as stipulated in Article 8 of the Housing Lease Protection Act among KRW 452,90,790, the amount to be actually distributed.

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