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(영문) 서울동부지방법원 2015.12.11 2015가단103587
배당이의
Text

1. The Seoul Eastern District Court F and G (Dual) Real Estate Auction case shall be prepared on February 6, 2014 by the above court.

Reasons

Basic Facts

H on February 26, 2009, completed the registration of ownership transfer on the second floor reinforced concrete 2nd floor in Gangdong-gu Seoul Metropolitan Government, 973.90 square meters (hereinafter “instant bath”).

With respect to the bath of this case, on March 28, 2003, the establishment registration of the mortgage was completed on the first priority priority basis of the creditor bank, the creditor bank, the creditor bank (hereinafter “Korea bank”), the maximum debt amount of KRW 2 billion, which was 2 billion.

H On January 28, 2013, J, the creditor of H, received a decision to commence the compulsory sale of real estate from the Seoul Eastern District Court F with respect to the instant bath on January 28, 2013. On May 1, 2013, Korea Bank received a decision to commence the sale of real estate from G with the Seoul East Eastern District Court G, which was based on the first priority mortgage.

The Korean bank transferred the above-mentioned claim of the first priority collateral and the above-mortgage to the plaintiff.

The Defendants asserted that they are small-sum tenants who receive the top priority repayment under Article 14(1) of the Commercial Building Lease Protection Act and made a demand for distribution.

① On September 16, 2012, Defendant A concluded a lease agreement with H to lease a public room in the instant bath with the deposit amount of KRW 35 million among the instant bath, and submitted documentary evidence of the lease agreement with H, a business registration certificate (the opening date of the business; September 17, 2012; the business registration certificate for the second-story Lane of the K apartment in Seoul, where the place of business is located; the business type is located; the fixed date of the lease); the current status certificate (the fixed date of November 28, 2012) and building drawings.

② On December 7, 2012, Defendant B claimed that Defendant B leased the verbal copier in the remaining bath from H during the instant bath with the term of December 9, 2014 during the lease deposit, the lease deposit amount of KRW 20 million, and the lease term of KRW 9,000. As a documentary evidence, Defendant B submitted a certified fixed date of deposit without passbook transfer, drawing, and the current status certificate (as of December 11, 2012) that sent KRW 20 million to H’s account on December 11, 2012.

③ On November 30, 2012, Defendant C set a deposit for the lease of 15 million won and the term of lease from H during the bath of this case by November 30, 2012.

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