beta
Text
1. In the Daegu District Court C’s auction of real estate, the distribution schedule prepared by the said court on February 27, 2019 and its contents.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person that supports the pre-paid rental housing for the purpose of stabilizing the residence of the low-income bracket with the Housing and Urban Fund as financial resources.
B. On February 2, 2017, the Plaintiff concluded a lease agreement with the owner F and the lease deposit amounting to KRW 65 million, the lease deposit period from February 27, 2017 to February 26, 2019, with the occupant A (hereinafter “the first lease agreement”) with the Defendant, among the building D’s ground (hereinafter “instant building”), and the fixed date was granted on February 27, 2017.
The above lease deposit was fully paid according to the contract.
C. At the time of the first lease agreement of this case, the Plaintiff presented F a notice demanding that “the Plaintiff shall not separately request monthly rent or demand an additional security deposit for lease on a monthly basis, other than the instant first lease agreement,” and that “the Plaintiff and the Defendant A shall not pay monthly rent or pay additional security deposit for lease on a separate basis other than the instant first lease agreement.” The Plaintiff and the Defendant signed and sealed each notice on the lower end of each notice, stating that they were familiar with each other.
However, F and Defendant A entered into a lease agreement with respect to the instant housing on the date of the first lease agreement (hereinafter “the instant second lease agreement”) with a deposit of KRW 55 million, management expenses, monthly 50,000,000 from February 27, 2017 to February 27, 2019, and the fixed date was granted on February 24, 2017.
The above lease deposit was fully paid according to the contract.
E. Defendant A completed a move-in report on February 24, 2017 and occupied the instant housing after receiving it.
F. Meanwhile, on the other hand, Defendant B, among the instant buildings, was granted a fixed date on July 18, 2017 regarding the lease agreement (a lease deposit KRW 73 million) with the lessee under subparagraph G among the instant buildings.
(g).