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(영문) 대구지방법원경주지원 2016.08.12 2015가단3368

배당이의

Text

1. On July 22, 2015, the above court shall have regard to the case, such as Daegu District Court and Daegu District Court D, E (Dual) real estate auction, etc.

Reasons

1. Basic facts

A. (1) On February 25, 2012, the Plaintiff entered into a lease agreement with the Plaintiff and the Defendants, etc.) the G site and the ground building on the racing-si (hereinafter “instant real estate”).

With respect to subparagraph 203 of this case, a lease agreement with a deposit of KRW 35 million or with a lease term of KRW 203 from February 25, 2012 to February 28, 2015 (hereinafter “instant lease agreement”).

(2) On December 27, 2013, Defendant B entered into a lease agreement between F and F with respect to 405 of the instant real estate, on which the Plaintiff signed and sealed as the contracting party, while the name of I, his father’s father, was printed in the same word, it is reasonable to view the Plaintiff as the party to the instant lease agreement. On May 6, 2013, H obtained the fixed date of the said lease agreement, and H, the spouse of the Plaintiff, completed the move-in report under 203 on May 13, 2013. (2) Defendant B entered into a lease agreement between F and F with respect to 405 of the instant real estate as to KRW 35 million and the fixed date of the move-in report under 405 from December 27, 2013 to February 28, 2015. < Amended by Act No. 11618, Dec. 31, 2013>

3) On February 24, 2014, Defendant C entered into a lease contract with F with respect to KRW 301,00,000,000 for the lease deposit, and from March 1, 2014 to February 28, 2016, Defendant C completed the move-in report under the above 301 on the same day and obtained a fixed date on the said lease contract. (B) The Plaintiff received a provisional seizure order and the decision to commence compulsory sale from F around February 2013, the Plaintiff received a provisional seizure order from F to receive a refund claim on KRW 10,000,000 out of the above lease deposit, on June 5, 2014, the remainder of the lease deposit and the repayment claim on KRW 25,500,000 for the instant real estate.

2. On June 26, 2014, the Plaintiff received a payment order ordering F to pay the above lease deposit amount of KRW 25 million with respect to F, and the compulsory auction of real estate for which the said payment order is issued as the executive title.