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(영문) 대전지방법원천안지원 2014.12.18 2014가단12948
배당이의
Text

1. Of the distribution schedule prepared on July 18, 2014 by the said court with respect to the case of the compulsory auction of immovables C at Daejeon District Court.

Reasons

1. Basic facts

A. On February 20, 2013, the Plaintiff leased the third floor 303 (hereinafter “instant building”) among the buildings listed in the separate sheet from D, with a deposit of KRW 20,000,000, and the period from February 23, 2013 to February 24, 2013. On February 22, 2013, the Plaintiff completed the move-in report to receive the instant building and received a fixed date on the same day.

B. On February 22, 2013, the Defendant applied for the order of lease registration as the Daejeon District Court Branch 2013Kaga139 with respect to the instant building, and ordered the registration of the lease on February 22, 2013, “The date of lease contract, February 7, 2011, the date of resident registration, July 11, 2012, the possessor, February 11, 201, the date of commencement, February 11, 201, and February 10, 2011,” and upon its entrustment, the registration of the housing lease was completed under the Ordinance of the Daejeon District Court’s 19469, March 6, 2013.

C. On August 8, 2013, at the Defendant’s request, the procedure for compulsory auction was initiated as to the entire buildings listed in the attached list, including the instant building, as the Daejeon District Court Branch C. D.

In the above auction procedure, the Plaintiff asserted as a lessee of the instant building and applied for a demand for distribution. On the date of distribution implemented on July 18, 2014, the ordinary court prepared a distribution schedule with the content that the Plaintiff did not distribute to the Plaintiff, but distributes the amount of KRW 14,00,000 to the Defendant as a small lessee of the instant building (hereinafter “instant distribution schedule”).

E. On the above date of distribution, the Plaintiff raised an objection against the Defendant’s above amount of distribution, and filed the instant lawsuit on July 23, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. Since the defendant lost possession of the building of this case before the registration of the right to lease of this case was completed, the part of the distribution schedule of this case distributed to the defendant is unfair, and the defendant deleted the amount of distribution to the plaintiff.

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