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(영문) 울산지방법원 2014.06.13 2013가단31921

배당이의

Text

1. The lease agreement to be concluded between F and Defendant B, C, and D shall be revoked as shown in the separate sheet.

2...

Reasons

1. Facts of recognition;

(a) F newly constructed a multi-family house with the fourth floor above the H of Ulsan-gun, Ulsan Metropolitan City (hereinafter referred to as the “instant house”) and completed registration of initial ownership on February 28, 2012.

B. On March 7, 2012, the Plaintiff lent money to F, and completed the registration of the establishment of a neighboring mortgage, which caused KRW 90 million to the maximum debt amount regarding the instant house.

C. The Defendants entered into a lease agreement with F on part of the instant housing (hereinafter each of the instant lease agreements) as indicated in Table 1 as follows, and transferred the relevant housing number to F.

Defendant B, on December 11, 2012, 203, the date of transferring the deposit amount of the corresponding heading to the contract date, without KRW 14 million for December 17, 2012, Defendant C, on December 13, 2012, without KRW 15 million for December 205, 2012, Defendant D’s KRW 1 year and 14 million for April 16, 2012, on April 16, 2012, Defendant D’s KRW 401, April 401, 2012, Defendant E, on May 23, 2012, Defendant E: < Amended by Presidential Decree No. 23050, Sep. 3, 2012>

D. Before and after the conclusion of each of the instant lease agreements, the instant housing: (a) the maximum debt amount of the right to collateral security as indicated below; (b) the claim amount of the provisional attachment; and (c) the deposit amount of the right to collateral security on February 28, 2012; (d) the right to collateral security of KRW 637 million; and (b) Taecheon Saemaul Bank of Korea, Seoul; (b) KRW 90 million on March 7, 2012; (c) KRW 80 million on provisional attachment on March 29, 2012; and (d) KRW 40 million on March 30, 2012, J. 30 million on the collateral security of KRW 30 million on March 30, 2012; and (d) KRW 2500,000,0000,000 won on May 1, 2012, KRW 201,50,000,000 Dong No. 3251 on May 7, 2017,2000.

On December 18, 2012, as a mortgagee, filed an application for the auction of real estate rent (hereinafter in this case’s auction) with the Ulsan District Court G on the instant housing, and the auction procedure was commenced on December 18, 2012. The auction court held on October 30, 2013 to order the Defendants, who are small tenants, to whom the amount of KRW 374,802,416 is to be actually distributed by opening the date of distribution.