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(영문) 청주지방법원 2018.10.16 2017가단112799

배당이의

Text

1. On March 23, 2016, Defendant A and Nonparty C, as to one room among the 105-dong 3005, Cheongju-gu D Apartment-gu, Cheongju-si.

Reasons

1. Basic facts

A. On April 17, 2015, the Plaintiff loaned KRW 50,000,00 to Nonparty G Co., Ltd. (hereinafter “non-party company”). On the same day, the representative director C of the said company, a joint guarantor, entered into a collateral security agreement with the amount of KRW 65,00,000 for the amount of maximum debt regarding the Dao-gu D apartment 105, 3005 (hereinafter “the apartment of this case”), which is one of the real property owned by the Plaintiff, in order to secure the performance of the said loan. On the same day, the registration of the establishment of a mortgage was completed in the vicinity of Cheongju District Court No. 52730.

B. As the non-party company did not pay a loan interest for a long-term period, the Plaintiff, a mortgagee, filed an application for voluntary auction of the said real estate to E on March 11, 2016, and the said court rendered a decision to voluntarily commence the auction as of April 26, 2016.

C. Defendant A, who was shot-gu, U.S. 106 and 103 of Cheongju-si, the Cheongju-si, Cheongju-si, and 103, had been shot-gu, and had been inevitably occupied the room 1 column from among the instant apartment owned by H on March 23, 2016, with the intent to live there. The deposit was KRW 20 million for the rental deposit, and the period was from March 23, 2016 to December 31, 2017, and the object was transferred and resided after completing the move-in report on the same day.

(The fixed date was March 30, 2016) D.

Defendant B entered into a lease contract with respect to one column among the instant apartment units on March 8, 2016 between C and C, with a deposit of KRW 20,000,000, and the period from March 8, 2016 to March 31, 2017, and completed a move-in report on resident registration on the same day, and received a fixed date on March 30, 201.

E. After that, in the above real estate auction case, the apartment of this case was sold to Nonparty J and K, a third party, and the above court was the first and second order in the amount to be actually distributed on November 14, 2017 to Defendant A and Defendant B, respectively, KRW 15,00,000 ( KRW 14,000,000 as the first order in the position of the largest tenant, and KRW 1,00,000 as the second order in the position of the relative tenant) and the second order in the position of the second order in the position of the relative tenant.