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(영문) 수원지방법원 2017.10.19 2017나213
배당이의(상가 임차보증금)
Text

1. The judgment of the court of first instance is modified as follows.

In case of voluntary auction of D's real estate in Suwon District Court.

Reasons

1. The reasoning for this part of the facts of recognition is that the court added to the second 19th 19th 19 of the judgment of the court of first instance, “Plaintiff A shall have registered the business at each of the above workplaces on January 15, 2014; Plaintiff B shall have registered the business at each of the above workplaces on January 3, 2013; and the third 14th 14th 14th 2th 2th 3th 3th 3th 3th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 2nd 15th 6 through 8, B, 111, and 13th 1th 1th 1th 3th 4th 4th 4th 4th 4th 4th 4th 4th 2

2. The reasoning for this part of the claim by the court is as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Article 2-A and Paragraph (b).

3. Determination

A. The duty to return a lease deposit 1) In a case where a leased house is sold by auction, if a lessee who can oppose the transferee of the house does not have the term of lease, clearly expresses that the lessee does not want to continue the lease relationship, and barring any special circumstances, it can be deemed as an expression of intent to terminate the lease, barring any other special circumstances. If the auction court notifies the lessor of the fact of demand for distribution as prescribed in Article 89 of the Civil Execution Act, if the lessee notifies the lessor of the fact of demand for distribution through the auction court, the lessee’s intention to cancel the demand for distribution is delivered to the lessor, and the notification of termination is deemed to have reached the lessor at the time of the notification of demand for distribution. Therefore, the lease relationship is terminated at the time of the notification of demand for distribution (see, e.g., Supreme Court Decision 97Da28407, Sept. 18, 1998).

On the other hand, the deposit received in the lease of real estate is all the lessee's obligations due to the lease, such as the lease obligation, the damage liability due to the loss or damage of the object, etc.

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