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(영문) 대전지방법원 2019.10.17 2019나106758

배당이의

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against E, etc. 1) F Co., Ltd. (hereinafter “F”).

) For the purpose of securing loan claims under a credit transaction agreement with E, real estate listed in the separate sheet owned by E (hereinafter referred to as “instant apartment”).

With respect to the right to collateral security of KRW 178,800,000 on March 7, 2017, the maximum debt amount and KRW 73,200,000 on the said right to collateral security (hereinafter collectively referred to as “each of the instant rights to collateral security”) shall be collectively referred to as “each of the instant rights to collateral security”).

(2) On June 19, 2018, the Plaintiff received a claim for the refund of a loan under a credit transaction agreement that F has against E from the Plaintiff, and completed each additional registration prior to the instant mortgage transfer on June 22, 2018.

On the same day, the Plaintiff set up a pledge on the secured claim of each of the instant secured claims with respect to I Co., Ltd. (hereinafter “I”), and completed the supplementary registration of the establishment of the pledge on each of the instant secured claims with respect to each of the instant secured claims.

In addition, on July 6, 2018, the Plaintiff established a pledge with respect to the secured debt of KRW 178,800,000 among each of the instant secured debt to J Co., Ltd., and completed additional registration of the establishment of the pledge with respect to the said secured debt.

B. (1) On May 25, 2017, the Defendant agreed to lease the instant apartment from E by brokerage of L Licensed Real Estate Agent L, and the period and E from July 10, 2017 to July 10, 2019, the deposit amount of KRW 20 million, and the monthly rent of KRW 600,000 (hereinafter “instant lease agreement”).

A) The Defendant concluded a contract. The Defendant paid KRW 1 million to E on the date of the contract, and the remaining KRW 19 million to each E on July 7, 2017.2) On July 7, 2017, the Defendant was granted a fixed date on the instant lease contract from K to K, and made a move-in report on the instant apartment on the same day. From the same day, the Defendant resided in the instant apartment on the same day, and is “M” while residing in the instant apartment.