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(영문) 대전지방법원천안지원 2015.07.21 2014가합3293

배당이의

Text

1. Of the distribution schedule prepared by this Court on August 28, 2014 with respect to the distribution procedure case of this Court C, this Court against the defendant.

Reasons

Basic Facts

Around December 2, 2005, the Defendant entered into a contract to establish a right to lease on a deposit basis with respect to part of the first floor of the Dong-gu E and 2 Dong-dong Building (hereinafter “the instant real estate”) in Yong-gu, Chungcheongnam-gu, Seoul and F ground No. 2 (hereinafter “the instant real estate”). On December 22, 2005, the Defendant completed the registration of establishment of a right to lease on a deposit basis with respect to the instant real property on a deposit basis of KRW 900 million on a December 22, 2005, part of the building (per 1.50 square meters towards north-dong of the first floor), the duration from December 22, 2005 to December 22, 2007, and the return period on December 22, 2007.

(2) On January 4, 2006, in order to secure the repayment of the claim for the loan, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Defendant (hereinafter “the right to lease on a deposit basis”). On the same day, the Plaintiff entered into a right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) with the maximum debt amount of KRW 390 million, and completed a supplementary registration of establishment of a right to lease on a deposit basis as mentioned above.

(2) On July 14, 2008, the Plaintiff entered into a contract for the transfer of a claim for the security of KRW 390 million out of the deposit money refund claim against the Defendant to secure the repayment of the above loan claim against the Defendant, and D signed and sealed on the certificate of transfer of a claim with a fixed date.

On December 21, 2007, the Defendant entered into a contract with D for change of chonsegwon with the purport of extending the duration of the instant chonsegwon on December 21, 2009, and completed the registration of change of chonsegwon on December 31, 2007. On June 1, 2010, the Defendant entered into a contract for change of chonsegwon with the content of increasing the duration of the instant chonsegwon as KRW 1.2 billion and extending the duration to May 31, 2013. On September 20, 2010, the Defendant completed the registration of change of chonsegwon with such content.

On July 29, 2011, Non-Party New Capital Co., Ltd. (hereinafter “Non-Party Co., Ltd”) has the maximum amount of the right to lease on a deposit basis of this case in order to secure the repayment of claims against Non-Party G.