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(영문) 대구지방법원 김천지원 2018.10.30 2018가단32155

배당이의

Text

1. The Daegu District Court was prepared on April 25, 2018 with respect to A real estate auction cases.

Reasons

1. Basic facts

A. On January 24, 2014, the Defendant entered into a lease agreement with B and C, setting the lease deposit amount of KRW 1,000,000,000, and the lease contract period of KRW 5 years from the opening date, with respect to the first floor of KRW 81.6 (hereinafter “instant store”) out of the real estate listed in attached Table 2, the shares of which are jointly owned by B and C 1/2.

(2) Article 11 of the Act provides that “The term “the term “the term “the term “the term “the term “the term “the term “the term “the term “the term “instant lease” is to be terminated within three months from the date of notification, notwithstanding the term of the term of the contract for the adjustment of stores (transfer, closure, etc.) due to the internal circumstances of the bank,” and Article 7 provides that “the term “the term “the term “the term “the term “the term “the term “the term “the term” means the term “the term “the term “the term “the term” is terminated or terminated,” and the term “the lessee shall be deemed to be the term “the term “the term “the term” when the term “the term “the term” was terminated or terminated,” and the term “the term “the term “the term” was terminated

B. In order to secure the right to return the lease deposit under the instant lease agreement, the Defendant set the first priority collateral on each real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 1,200,000,000.

C. On the other hand, in order to secure a loan claim against B, the Defendant set the 3rd priority mortgage, which is the 2,200,000,000 maximum debt amount and the 960,000,000 maximum debt amount with respect to the instant real estate, respectively.

On May 9, 2016, the Daegu District Court Kimcheon-Support A with respect to the instant real estate upon the Defendant’s application.