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(영문) 대전지방법원서산지원 2016.10.12 2016가단5070

배당이의

Text

1. The Daejeon District Court prepared on June 29, 2016 with respect to the case of an application for a voluntary auction of the real estate B located in Seosan Branch of Daejeon District Court.

Reasons

1. Basic facts

A. On August 17, 2005, the Plaintiff entered into a lease agreement with C on August 18, 2005 with the lease term from August 18, 2005 to August 18, 2006, and with the lease deposit amount at KRW 25 million. The Plaintiff completed the move-in report on the instant house on August 23, 2005 and received the fixed date of the lease agreement on the same day.

The above lease contract was implicitly renewed and continued.

B. The Plaintiff transferred to E on April 25, 2008, but re-transfered to the instant house on July 29, 2010. Seoul Dobong-gu on October 15, 2013, but re-transfered to the instant house on December 18, 2013. (2) The Plaintiff’s mother, the Plaintiff’s mother, transferred to the instant house on September 19, 2007, and resided together with the Plaintiff, and transferred to another place on November 10, 2009.

3) Around June 12, 2009, H married with the Plaintiff and moved into the instant housing on July 29, 2010, and thereafter registered as a resident of the instant housing without changing his/her domicile. (c) As to the instant housing, including the establishment of the Defendant’s right to collateral security, and the relevant land, the registration of establishment of the mortgage was completed on November 19, 2015 with the maximum debt amount of KRW 358,80 million in the name of the Incheon Fisheries Cooperatives on January 11, 2013. On the same day, the said right to collateral security was transferred to the studio Asset Management Co., Ltd., Ltd. on the same day, and the said right to collateral security was established on the same day, and on June 12, 2014, the registration of establishment of the mortgage was completed on June 12, 2014 on the date of the application for distribution of KRW 120 million,000,0000,000.