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(영문) 수원지방법원안양지원 2020.05.22 2019가단106642

배당이의

Text

1. Defendant D Co., Ltd.: (a) KRW 4,417,404; (b) KRW 4,417,401; and (c) KRW 4,374,043; and (d) KRW 4,374,043.

Reasons

1. Basic facts

A. The instant establishment of the right to collateral security L, around May 2012, was newly constructed, J. M. M. Multi-household Building (hereinafter “instant N. Dong building”). The registration of division was completed as to the whole 15 households of the instant N. Dong building. On May 24, 2012, the establishment of the right to collateral security (hereinafter “O”) was completed by making the said 15 households as joint collateral as follows: (a) the right to collateral security (hereinafter “O”) and the maximum debt amount of KRW 720,000,000.

(hereinafter referred to as “the instant 1st mortgage”). The waiver of household units (Pho, Qho, Rho, and Sho) on February 24, 2017 (Pho, Qho, Rho, and Sho) on May 24, 2012, the 15th generation of the Ndong building of this case, which was located in the list of maximum debt amounts (receiving date) on the date of receipt of priority numbers and the list of maximum debt amounts on the date of receipt of priority numbers.

B. 1) The Plaintiffs concluded a lease agreement with L with respect to the instant Ndong building with the following terms, and completed a move-in report and received a fixed date. The Plaintiffs, from May 1, 2012 to April 75, 2014 to December 6, 2013, 2012, No. 1 T of the fixed date on which the deposit for the lease of the Plaintiff’s object was transferred, to April 30, 2014, 200 to December 25, 2015, No. 75,000,000,000 on February 25, 2015 to February 25, 2017, Plaintiff B was implicitly renewed on February 35, 2015, May 3, 2015 to May 3, 2015;

Plaintiff

C’s lease agreement was terminated on August 2015, and Plaintiff C applied for the lease registration on the Ndong Building V of this case to the Suwon District Court for the registration of the lease on March 24, 2016, which was issued by the said court on March 30, 2016, and removed from the Ndong Building V of this case on July 25, 2016.

C. On February 24, 2017, Defendant D Co., Ltd. (hereinafter “Defendant D”) completed the registration of transfer of the right to collateral security on the ground of subrogation of the final claim regarding the instant 1st mortgage. Defendant D on the same day, among 15 households of the instant Ndong building, 4 households P, Qho, R, S, and 4 households of the instant Ndong building.