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(영문) 울산지방법원 2020.09.16 2020가단103862

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. On November 16, 2012, E was loaned KRW 100 million from the Defendant. On the same day, E entered into a comprehensive mortgage agreement with the Defendant to provide the Defendant with the U.S.F. 206m2m2 and the third floor house of the B-dong, Ulsan-gu, U.S., and its ground, and the third floor of the B-S. C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

(hereinafter “First Priority Security”). B.

On March 24, 2014, the Plaintiff leased 2 partitionss of the first floor room of each of the instant real property from E as KRW 70 million (hereinafter “the instant lease”). Around that time, the Plaintiff paid KRW 70 million to E the lease deposit, and on April 14, 2014, after obtaining the fixed date on the instant lease agreement, the Plaintiff was residing in the move-in report on each of the instant real property on May 2, 2014.

C. On September 18, 2015, E obtained an additional loan of KRW 100 million from the Defendant, and entered into a mortgage agreement with the Defendant to provide each of the instant real estate as a collateral, and on the same day, E additionally completed the registration of establishment of a collateral of KRW 130 million with respect to each of the instant real estate to the Defendant.

(hereinafter “instant second-class collateral”) D.

The Defendant filed an application for a voluntary auction of real estate concerning each of the instant real estate with the Ulsan District Court D, based on each of the instant collective security rights, and on October 4, 2018, rendered a decision to commence voluntary auction from the Ulsan District Court, and the auction procedure on each of the instant real estate (hereinafter “instant auction procedure”).

E. In the instant auction procedure, on November 6, 2018, the Plaintiff filed a report on rights and filed an application for demand for distribution with respect to KRW 70 million of the lease deposit of this case.