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(영문) 대구지방법원포항지원 2016.09.29 2015가단6195
배당이의
Text

1. As to the auction and compulsory auction of real estate B in Daegu District Court Branch B, C (Dual) real estate auction, above.

Reasons

1. Basic facts

A. On August 25, 201, the Plaintiff: (a) from D on August 25, 201, the Plaintiff: (b) is not a person who owns the instant building site; (c) is not a person who owns the instant building, but is not a person who owns the instant building; (d) is not a person who owns the instant building and each of the instant land; and (e) is a person who owns the instant building and each of the instant land.

220,000,000 won was loaned to D as security. 2) The Plaintiff extended additional loans to D according to the progress ratio of the instant building to be newly constructed at the time of the said loan, and as soon as D had completed the registration of preservation of ownership on the said building, it was provided as security from D immediately after D, and completed the registration of creation of mortgage on each land of this case with the maximum debt amount of 80,000,000,000.

3 D 20,00,000 won from the Plaintiff on January 13, 2012 in accordance with the progress rate of the building after obtaining a construction permit for the building of this case on November 3, 201, and thereafter commencing the construction, D 200,000 won, in accordance with the construction process rate of the building.

3. 3. 300,000,000 additional loans have been granted respectively.

4. On April 29, 2014, the Plaintiff completed the registration of initial ownership of the instant building in subrogation of D, and completed the registration of initial ownership of the said building near the maximum debt amount of 800,000,000, and the same year.

5.1. As to each of the instant immovables, the registration of creation of a mortgage near the maximum debt amount of 150,000,000 shall be completed.

B. On January 21, 2014, D entered into a lease agreement between D and the Defendant (i.e., a lease agreement between D and the Defendant) with respect to the instant housing, and written a lease agreement between 80,000,000 won and 24 months from January 21, 2013: Provided, That the date of preparation was retroactively written on January 20, 2013; 2) the Defendant obtained the same fixed date on the date after completing a move-in agreement with respect to the instant housing on January 21, 2014.

C. Around January 21, 2013, when entering into the instant lease agreement, D’s property status as D’s date of preparation of the instant lease agreement is as follows.

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