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(영문) 서울서부지방법원 2016.11.15 2016가단4931

배당이의

Text

1. The Seoul Western District Court was prepared on February 24, 2016 by this Court concerning the distribution procedure of the auction of real estate B.

Reasons

1. Basic facts

A. On October 7, 2010, the Plaintiff lent D with interest rate of KRW 135,00,000,000, and for that purpose, the Plaintiff created a collateral security interest of KRW 175,50,000 with the Seoul Western District Court’s receipt of the maximum debt amount under Article 3373 on the real estate listed in the attached list owned by D on the same day (hereinafter “instant real estate”).

B. Meanwhile, C decided to grant D a loan of KRW 100,000,000 on May 22, 2012 at the maturity of payment on July 22, 2012 and at the rate of 3% per interest month.

(C) On the same day, C provided the Seoul Western District Court’s receipt of the maximum debt amount of KRW 130,000,000 as the Seoul Western District Court’s receipt of 402, the Seoul Western District Court’s receipt of 15451, as the Seoul Western District Court’s receipt of 15451, the joint collateral security of KRW 130,000,000, to secure the instant claim.

C. Before establishing the right to collateral security on the instant real estate, C became aware that the Defendant was residing in the instant real estate.

D said that the Defendant is the seat of the Defendant and is residing in the instant real estate without compensation. On May 21, 2012, the Defendant drafted a free lease memorandum to the effect that “D is moving into the instant real estate in obtaining a loan from C, and is currently residing in the instant real estate, but the owner of the instant real estate did not enter into a lease agreement with the owner of the instant real estate and is currently residing in the instant real estate without compensation. When it is falsely stated, D would be held liable for any civil or criminal liability.”

On April 22, 2013, the Defendant entered into a contract with D to lease the instant real estate in KRW 50,000,000, monthly rent of KRW 800,000 (i.e., payment of KRW 50,000,000 by the due date; hereinafter “instant lease contract”) and obtained a fixed date as of April 23, 2013 from the instant lease contract.

E. Thereafter, D is against the Plaintiff.