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(영문) 서울남부지방법원 2016.01.22 2015나54689

배당이의

Text

1.The judgment of the first instance shall be modified as follows:

The Seoul Southern District Court B real estate auction case.

Reasons

1. Facts of recognition;

(a) Seoul Mutual Savings Bank (hereinafter referred to as the “Seoul Mutual Savings Bank”) 1) Seoul Mutual Savings Bank (hereinafter referred to as the “Seoul Mutual Savings Bank”);

(2) On February 25, 201, the Seoul Mutual Savings Bank agreed to grant a loan of KRW 336,00,000 at an annual interest rate of KRW 12%, the due date of repayment on February 25, 2012, and to change the interest rate of the loan agreement at 12.5% per annum and the due date of repayment on February 28, 2012 to February 25, 2013, respectively. (2) The Seoul Mutual Savings Bank agreed to grant a loan of KRW 84,00,000 per annum, interest rate of KRW 12% per annum, maturity of KRW 12% per annum, and maturity of KRW 25,200 on February 28, 2012, to change the interest rate of the loan agreement at 12.5% per annum and the due date to February 28, 2012 to 30, 2013.

3) On February 25, 2011, E is jointly and severally liable to Seoul Mutual Savings Bank for all obligations arising from current and future credit transactions with the guarantee limit of KRW 546,00,000,00, and on the same day, the Yangcheon-gu Seoul Green Savings Bank No. 307, 1002 (hereinafter “instant apartment”).

(B) As to the instant apartment on January 16, 2013, the debtor E, the maximum debt amount of KRW 546,00,000, and the establishment registration of a neighboring apartment that became a Seoul Mutual Savings Bank, a mortgagee of the right to collateral security. (B) The defendant and C, as to the instant apartment on January 16, 2013, entered into a lease agreement between the defendant and C, with the lessor, the defendant, and the lessee, the lease deposit amount of KRW 50,000 (=the remainder of KRW 30,000,000,000), monthly rent of KRW 750,00,000, and the lease period from February 5, 2013 to February 4, 2014, the defendant made up for the lease agreement of KRW 9,00,0000 per year (=750,000,0000) x 12 months (hereinafter “the instant apartment”).

2 The defendant shall pay C 29,000,000 won on February 5, 2013.