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(영문) 대전지방법원천안지원 2015.12.17 2015가단100491
배당이의
Text

1. On January 16, 2015, the above court shall have jurisdiction over the compulsory auction and C (duplicate) cases in Daejeon District Court Branch B, Daejeon District Court.

Reasons

In this case, since the Defendant’s right to lease on a deposit basis is to secure 300 million won, the amount equivalent to the overdue rent obligation against D, a lessor, is naturally deducted from the above deposit.

In full view of the written statements and the purport of the entire arguments as to whether to deduct annual rent from G, as set forth in the evidence Nos. 2, 4, and 6, D, borrowed KRW 150,00,000 from G on May 10, 2012, and transferred 1/2 of the above annual rent credit to the Defendant as interest, with the consent of the Defendant, as well as the agreement on the change of the contract made around May 10, 2012 between the Defendant, D, and G, entered into on May 10, 2012, the following agreement on the change of the lease agreement entered into on March 12, 209: (a) the lessor agreed to change the lease agreement as follows: (b) the terms and conditions of the agreement were “D, G” from “D” to “13% applied (12%) to 150,000,000,000; and (c) the terms and conditions of the agreement are 6.45% or 26% of the fees paid respectively.26% of G.4.

In full view of this, it is reasonable to view that the above contract modification agreement is a character of accepting the assignment of the above claim by the debtor, notified that D transferred 1/2 of the rent claim incurred in the future to G to the defendant.

The overdue rent for G, a transferee of the rent claim, is naturally deducted from the Defendant’s deposit, and as seen earlier, the lease deposit guarantees all the lessee’s obligations arising from the lease relationship, such as the lease deposit and the liability for damages arising from the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship.

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