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(영문) 수원지방법원 2015.05.26 2014가단534592
배당이의
Text

1. Of the distribution schedule prepared on November 6, 2014 by the said court with respect to the Suwon District Court B’s auction of real estate.

Reasons

1. Basic facts

A. C borrowed a loan of KRW 385,000,000 from the Korea Standards Bank (hereinafter “Inbound Bank”) on December 26, 2012 at the rate of 15% per annum until December 31, 2042, at the rate of 4.35% per annum, and damages for delay at the rate of 15% per annum.

(hereinafter “instant loan”). (b)

C On December 31, 2012, upon completing the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), C completed the registration of ownership transfer with respect to the instant real estate (hereinafter “instant real estate”). On the same day, Nonparty Bank completed the registration of ownership transfer with respect to the instant real estate as security for the instant loan, and Nonparty Bank completed the registration of creation of a neighboring mortgage (hereinafter “instant secured mortgage”).

C. At the time of the instant loan, C consented to the transfer of the instant loan and collateral security to the Plaintiff, and the instant loan and collateral security was transferred from the Nonparty bank to the Plaintiff on February 15, 2013.

On March 30, 2013, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with C and D by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 900,000, and the lease period from April 10, 2013 to April 9, 2014, and paid KRW 10,000,000 as the above lease deposit to C and D. On June 13, 2013, the Defendant transferred the resident registration of the instant real estate and obtained a fixed date.

E. C did not pay the principal and interest on the instant loan from April 30, 2013, and lost the benefit of time on August 14, 2013.

F. (1) On November 14, 2013, the Suwon District Court rendered a voluntary decision to commence the auction (hereinafter “instant auction procedure”) regarding the instant real estate, and the Plaintiff reported KRW 454,048,632 on October 20, 2014 as the amount of claim.

(2) In the instant auction procedure, the instant real estate was sold in KRW 363,789,900. The instant auction court held that the Defendant, who was a lessee of small claims on November 6, 2014, KRW 10 million, and the mortgagee, KRW 350,248.

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