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(영문) 수원지방법원 성남지원 2017.03.31 2016가단11546

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. G completed registration of initial ownership on January 18, 2012 with respect to the buildings listed in the separate sheet No. 1 (hereinafter “instant building”).

(On the other hand, G has completed the registration of ownership transfer on May 11, 2010 with respect to the land listed in Attachment 2 List No. 1, which is the site of the instant building, as to the land listed in Attachment 2 List No. 1, which is the site of the instant building. Moreover, on the land listed in Annex 2, H has completed the registration of ownership transfer on May 8, 2013, by leaving H a building listed in Annex 2 List No. 3, which is located on the ground specified in Annex 2, and completing the registration of ownership transfer on May 8, 2013.

K on January 18, 2012, with respect to the instant building, on the debtor G, completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 100,000,000, the mortgagee himself/herself as the mortgagee.

L completed the supplementary registration of the transfer of the right to collateral security on February 7, 2012 on the ground of the transfer contract dated February 7, 2012.

After October 17, 2014, the plaintiff completed the supplementary registration of the right to collateral security before the same day on the grounds of the transfer contract made by October 17, 2014.

C. On February 14, 2011, between G and G, the Defendant concluded a lease agreement with regard to 201 of the instant building, providing that “The lessee, G, the lessee, the deposit amount of KRW 170,000,000, and the term of lease shall be from February 14, 201 to February 14, 2013.”

On February 11, 201, the Defendant paid KRW 70,000,000 as down payment, KRW 83,000,000 as part payment, and KRW 70,00,00 as of February 17, 201, as the remainder payment on April 4, 201.

The defendant moved in on February 17, 201.

The Defendant obtained a fixed date on April 8, 201.

However, the Defendant and G erroneously stated the parcel number of the instant building in the instant lease agreement as “Gwanju-si M”.

On April 8, 2011, the defendant obtained a fixed date and made a move-in report to the wrong address on the same day without gathering that the lot number was wrong.

However, on December 20, 201, with knowledge that the lot number was wrong, the lot number was corrected on the resident registration.