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(영문) 부산지방법원 2017.11.14 2017가단316443

배당이의

Text

1. The lease contract concluded on July 8, 2014 between C and the Defendant shall be revoked.

Reasons

1. Basic facts

A. 1) The title relationship with respect to the instant real estate C is as follows: (a) on June 30, 2004, real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) As to the instant real estate, the registration of the establishment of a neighboring mortgage was completed on January 17, 2007, with respect to the registration of the ownership transfer based on sale and purchase (i) the maximum debt amount of KRW 72,00,000,000,000 for the instant real estate, and (ii) the registration of the establishment of a neighboring agricultural cooperative with the debtor C, the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed agricultural cooperative (hereinafter “former Agricultural cooperative”) was changed to the “Northsansan Agricultural Cooperative”), and (iii) the registration of the establishment of a neighboring agricultural cooperative with the debtor C, the mortgagee-mortgage-mortgage-mortgage-mortgage-backed agricultural cooperative (hereinafter “North Busan Agricultural Cooperative”), respectively.

B. On July 15, 2014, the Plaintiff’s lawsuit was received at the above court on July 15, 2014 with the agreed amount, etc., which was pending between the Plaintiff and C, etc., of Busan District Court 2014Gahap10123.

In addition, on February 16, 2015, the above court rendered a decision in lieu of conciliation that “C, etc. shall jointly and severally pay 140 million won to the Plaintiff until October 31, 2015, and if C, etc. fails to pay the said money by the payment date, it shall pay the unpaid amount plus damages for delay calculated at 20% per annum from the day after the payment date to the day of full payment.” The above decision became final and conclusive on March 11, 2015.

C. 1) The Defendant completed the move-in report for resident registration as indicated below. On January 29, 2007, the real estate of this case, located on the date of No. 1205, Jan. 29, 2007, is the same as the date on which the establishment registration of a mortgage was completed with the maximum debt amount of KRW 48 million in the future of the U.S. No. 387, Jul. 10, 2014. The period between the Defendant and the Defendant on July 8, 2014 is the same as the date on which the establishment registration of a mortgage was completed with the maximum debt amount of KRW 48,00,000. The period between the Defendant and the Defendant on July 2, 2014.