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(영문) 서울남부지방법원 2014.10.10 2014가단204806
배당이의
Text

1. Of the distribution schedule prepared on February 12, 2014 by the above court with respect to the auction case of real estate B in Seoul Southern District Court.

Reasons

1. Case summary

A. Each of the instant establishment registration 1) C is about September 2006, 1215 Dong 1201 (hereinafter “instant real estate”) owned by D and D around September 2006.

) The registration of establishment of chonsegwon (hereinafter “registration of chonsegwon”) with respect to the lease deposit amount of KRW 150,000,000 while residing in the instant real estate by concluding a contract for leasing KRW 150,000,000 for the lease deposit with respect to the lease deposit, from September 7, 2006 to August 30, 2008, the lease deposit amount of KRW 150,000,000,000,000,000.

(2) On May 10, 2007, the Industrial Bank of Korea completed the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) around 240,000 won on the real estate of this case, while lending KRW 200,000,000 to the king-do Logistics Co., Ltd.

B. The registration of the establishment of the right to lease on a deposit basis of this case 1) C requested D to return the lease deposit after having declared D that it will not extend the lease period, but did not receive the refund of the lease deposit. Around August 30, 2008, the Defendant, who was outside of D, entered into a lease agreement with F on August 5, 2008, to lease the apartment of this case he had resided with D to KRW 1.5 million, and on September 22, 2008, concluded a lease agreement to lease the deposit amount of KRW 150,000,000 (hereinafter “the lease agreement of this case”).

3) The Defendant paid KRW 150,000,000 from F as the deposit for the instant lease agreement. On September 22, 2008, the Defendant filed a lawsuit against C on May 3, 2013 to require C to perform the registration of establishment of the instant chonsegwon, but on August 28, 2013, the name of the person having chonsegwon was transferred on September 22, 2008.

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