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(영문) 수원지방법원평택지원 2015.02.11 2014가단43378

배당이의

Text

1. The Suwon District Court prepared on May 28, 2014 with respect to the case of the voluntary auction of real estate C in Suwon District Court.

Reasons

1. Basic facts

A. On January 26, 2006, E entered into a loan agreement with Han Bank Co., Ltd. (hereinafter “I Bank”) (hereinafter “the instant loan”), and completed the registration of creation of a collateral security (hereinafter “mortgage security”) with respect to each real estate listed in the separate sheet owned by Han Bank (hereinafter “each of the instant real estate,” and the real estate listed in paragraph (2) as the secured claim with respect to the principal and interest of the instant loan, etc., of KRW 390,00 won as the obligor E and the maximum debt amount (hereinafter “instant collateral security”).

B. D completed the registration of ownership transfer on December 29, 2006 each of the instant real estate.

C. D accepted the debtor's status under the loan contract of this case on January 26, 2007, and completed the supplementary registration that changed the debtor of the right to collateral security of this case into D on the ground of acceptance of the above contract.

On the other hand, on the other hand, on November 29, 2007, the registration of the establishment of chonsegwon with the entire residential building (the scope of February 20, 2009 was changed to the 76 square meters on the 2nd floor of the building) in the name of Nonparty F, the registration of the establishment of chonsegwon was completed on the other hand on March 16, 2010, the registration of the establishment of chonsegwon with the 40 million won on the 2nd floor of the residential building and the 74.832 square meters on the 2nd floor of the residential building, respectively.

(hereinafter above lease on a deposit basis and the mortgage of this case are collectively referred to as the "right of security in this case").

As of April 5, 2012, Defendant A entered into a contract on the in personam lease (hereinafter “instant in personam lease contract”) with respect to the portion of 103 of the instant building, which is a broker of Licensed Real Estate Agent H, with a deposit of KRW 45 million, and the period from April 11, 2012 to April 10, 2014, with respect to the in personam lease contract (hereinafter “the in personam lease contract”), and completed the move-in report on April 26, 2012 after paying the said deposit.

F. However, the Defendants’ part of the studio of the instant case as of January 19, 2013 between D and D, respectively.