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(영문) 인천지방법원 2017.12.06 2017가단219040

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s right to collateral security (hereinafter “instant building”) completed the registration of establishment of a mortgage, which is a debtor G and a mortgagee, on October 20, 2014, with respect to H apartment first unit (hereinafter “instant building”), 409, 410, 904, 1003, and 1101, the Plaintiff completed the registration of establishment of a mortgage, which is the Plaintiff-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based (hereinafter “instant building”).

B. On October 26, 2015, Defendant A entered into a lease agreement with G to set the term of 409 of the instant building from G to October 28, 2016, under which the term of 23,000,000, and from October 28, 2015 to October 28, 2016. Defendant A paid KRW 23,00,000,00 to a licensed real estate agent J on October 27, 2015, and on October 28, 2015. Defendant A concluded the lease agreement with the former lessee K and lessor on October 28, 2015 to KRW 20,00,00,00 with the term of 0,000,000 to KRW 20,000,000,000,000 to KRW 30,000,000,000,000,000.

Defendant B paid KRW 23,00,000 to lessor G on October 24, 2014.

On October 24, 2014, Defendant B moved into the building 410 and finished the resident registration transfer report, Defendant B obtained a fixed date in the lease contract.

3. On August 30, 2015, Defendant C entered into a lease agreement stipulating that the instant building 904 from G was leased KRW 23,000,000, and the term of lease from September 5, 2015 to September 5, 2016.

Defendant C paid KRW 23,00,000 to lessor G on August 31, 2015 and September 5, 2015.

Defendant C has moved into the building 904 of this case on September 7, 2015 and has finished the resident registration transfer report.