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(영문) 의정부지방법원고양지원 2016.09.23 2015가단32359

배당이의

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 11, 2010, the Defendant entered into a lease agreement with Nonparty D, who was the lessee of the said apartment, with respect to the same No. 1012 (hereinafter “the instant real estate”) owned by Seosan-gu Seoul Special Metropolitan City C apartment 201, 301, and around May 23, 2010, the lease agreement was concluded between the said apartment and the deposit amount of KRW 60,000,000, and the lease period from May 24, 2010 to May 23, 2012. On May 26, 2010, the Defendant filed a move-in report on the resident registration with the address of the said real estate and received the fixed date of the said lease agreement.

Meanwhile, the Defendant: (a) made a move-in report to another address on March 11, 2014; (b) made a move-in report to the instant real estate again on or around March 12, 2014; and (c) made a move-in report to another address on or around April 2, 2014; and (d) made a move-in report to the instant real estate on or around April 23, 2014.

B. D on March 13, 2014, on the ground of a sales contract concluded on March 13, 2014, completed the registration of ownership transfer for the instant real estate on April 3, 2014, and completed the registration of ownership transfer based on E donation under the name of E on the same day.

On the other hand, on April 3, 2014, the registration for the creation of the right to collateral security was completed with the bank, our bank, the maximum debt amount of 85,800,000 won, and on July 23, 2014, the registration for the creation of the right to collateral security was completed on July 23, 2014 with the amount of 39,00,000 won.

C. On May 13, 2015, the Plaintiff Undo Mutual Housing Co., Ltd. filed an application for the commencement of voluntary auction (hereinafter “instant auction procedure”) with the District Government District Court B, and on May 13, 2015, the auction procedure (hereinafter “instant auction procedure”).

Meanwhile, the Plaintiff New Card Co., Ltd filed an application for provisional seizure of the instant real estate with the claimed amount of KRW 17,093,411, and the registration of provisional seizure was completed on June 23, 2015.

On November 5, 2015, the above court paid 60,000 won to the defendant as the tenant of small amount and the tenant of the fixed date, prior to which the plaintiff corporation is subordinate to this.