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(영문) 춘천지방법원원주지원 2015.01.28 2014가단35975
배당이의
Text

1.(a)

A real estate lease agreement entered into on January 16, 2014 between B and the Defendant with respect to the real estate stated in the attached list.

Reasons

1. Preparation of the distribution schedule of this case;

A. In the auction procedure indicated in the separate sheet (hereinafter “instant real estate”), the Defendant filed a report on the right and demand for distribution by asserting that the instant real estate is a small lessee under Article 8 of the Housing Lease Protection Act on March 6, 2014.

B. On October 22, 2014, the court of execution prepared and presented a distribution schedule to the Plaintiff, who is the applicant creditor and the mortgagee, as well as the mortgagee, and to distribute the amount of KRW 10,000,000 to the Defendant, a small lessee, respectively (hereinafter “instant distribution schedule”), and the Plaintiff stated an objection against the total amount of dividends to the Defendant.

[A Evidence Nos. 1, 2, and 6 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination on the cause of the claim

A. The plaintiff asserted that the lease agreement between the defendant and the former owner of the instant real estate should be revoked as a fraudulent act. Therefore, the plaintiff asserts that the amount of KRW 10 million distributed to the defendant under the said lease agreement should be distributed to the plaintiff.

B. 1) The Plaintiff’s claim for indemnity against B was established on June 28, 2012, with the joint and several surety of D Co., Ltd., the representative director of D Co., Ltd., the amount of security deposit of KRW 2,080,000 (the amount of security deposit thereafter was reduced to KRW 936,00,000).

() On June 27, 2017, a credit guarantee insurance contract was concluded upon setting the term of guarantee as of June 27, 2017. D Co., Ltd. received a loan of KRW 1,872,00,00 from a new bank after submitting a guarantee certificate issued by the Plaintiff under the said credit guarantee insurance contract. On November 14, 2013, the Plaintiff repaid KRW 954,89,506 to the new bank on behalf of D on behalf of D on November 14, 2013. As of November 13, 2013, the Plaintiff paid KRW 973,356,373 to D and B (repaid KRW 954,89,506, subrogated payment, KRW 12,504,167, advance penalty, KRW 3,646,50,50, guarantee fee, KRW 2,306,150.

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