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(영문) 서울동부지방법원 2016.04.22 2015가합100462

배당이의 등

Text

1. A lease contract concluded between the Defendant and D on October 9, 2013, Songpa-gu Seoul E-Ba No. 202 is concluded.

Reasons

1. Basic facts

A. The Plaintiffs’ loan claim 1) Plaintiff A, while Plaintiff A, on November 13, 2012, KRW 9.5 million (hereinafter “loan 1”).

(2) 2% of the interest rate per month and six months of the due date, and KRW 50 million on June 20, 2013 (hereinafter “loan 2”).

A) A loan was made on June 19, 201 by setting the interest rate of 24% per annum, 30% per annum, and 30% per annum, and as of June 19, 2014, and each interest was paid from D up to November 12, 2013 with respect to loans 1, and up to November 19, 2013 with respect to loans 2. (2) Plaintiff B loaned KRW 30 million to D on April 8, 2013 as interest rate of 2% per annum, and was paid from D to December 7, 2013.

B. D’s lease contract 1) D’s real estate indicated in paragraph (1) of the disposition of its ownership on February 9, 2012 (hereinafter “instant housing”).

(1) The term of lease is fixed from March 9, 2012 to March 9, 2014 (hereinafter referred to as “the first lease contract”) to the Defendant, Hahman, Hahman, for a period of lease of KRW 95 million (hereinafter referred to as “the first lease”).

(2) On March 12, 2012, the Defendant completed the move-in report to the location of the instant house, and obtained a fixed date on September 13, 2012 under the first lease agreement with the Defendant on October 9, 2013 (hereinafter “the second lease agreement”). D concluded a lease agreement to increase the lease deposit amount to KRW 160 million between the Defendant and the Defendant and extend the lease term from October 9, 2013 to October 9, 2015 (hereinafter “the second lease agreement”).

On December 30, 2013, the defendant obtained a fixed date in the second lease contract.

C. On March 16, 201, the date of opening an auction procedure regarding the instant housing, D created a collateral on the instant housing as follows: (i) At the request of the 23-dong Saemaul Depository for compulsory auction and the request for voluntary auction by a national bank, D created a collateral on the instant housing at KRW 140 million on November 22, 2013, KRW 18.6 million on November 25, 2013, KRW 18.6 million on November 25, 2013; and (ii) thereafter, D created a collateral on the instant housing at KRW 35 million on February 11, 2014.