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(영문) 인천지방법원부천지원 2015.04.17 2014가단34609

배당이의

Text

1. A lease contract concluded between the Defendant and B on October 28, 2013 regarding Kimpo-si C apartment 307, 1403.

Reasons

1. Facts of recognition;

A. B (B) purchased on September 30, 2006, Kimpo-si C apartment 307, 1403 (hereinafter “instant real estate”) and completed the registration of ownership on November 16, 200 of the same year. As to the instant real estate, on the same day, the New Bank Co., Ltd. (as a result of the transfer of finalized claim on September 27, 2013, the said secured claim and the secured claim were transferred to the Korea Asset Management Corporation) was assigned with the maximum debt amount of KRW 51,00,000 (as to the Seoul Foundation’s credit guarantee, the maximum debt amount of KRW 26,00,000,000 was reduced to the maximum debt amount of KRW 16,20,000,000 in accordance with the modified contract on December 16, 2009), the maximum debt amount of KRW 169,200,000,000 as to the instant real estate and KRW 200,57,2001.208.2

B. As to the instant real estate, Samsung Card Co., Ltd.: (a) provisionally seized KRW 4,961,703 on September 4, 2012; (b) provisionally seized KRW 5,205,925 on September 11, 2012 for New Card Co., Ltd.; and (c) issued a disposition on default on April 5, 2013 for Kimpo-si.

C. On October 28, 2013, the Defendant entered into a lease contract of KRW 15,00,000 for the instant real estate (hereinafter “instant lease contract”) with B, and completed the move-in report simultaneously with obtaining a fixed date from the said lease contract on November 28, 2013.

B had no particular property other than the instant real estate at the time of concluding the instant lease agreement, and the market price of the instant real estate is equivalent to KRW 220,000,000.

E. On December 24, 2013, the Korea Asset Management Corporation filed an application for the auction of real estate rent with D in this court. On January 21, 2014, the Korea Asset Management Corporation submitted a bond account statement stating that the remaining amount of the loan was KRW 47,380,69, to the Korea Asset Management Corporation. On July 9, 2014, the Plaintiff acquired the right to collateral security and B loans against the Korea Asset Management Corporation’s K Savings Bank.

F. The real estate of this case is above.