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(영문) 수원지방법원평택지원 2019.07.12 2018가단7622
배당이의
Text

1. In relation to the compulsory auction (E), F (F) and G (Dupl) of D real estate in Suwon District Court, the case is the same.

Reasons

1. Basic facts

A. H is the owner of the 19 household unit, such as Pyeongtaek-dong International J-dong Building (hereinafter “instant building”) K-L, M-N, O-Phoho, Q-Rho, etc. (hereinafter “each of the instant units”). Among the said 19 households, H has leased 4 households on the five-story registry by expanding the number of households on the five-story registry by five-year unit, such as setting up a entrance by dividing Qho from among the said 19 households into walls, and marking the door in Q and S in addition, and marked T, T, and R as V.

B. On July 30, 201, Defendant B, without additional rent, set the lease deposit of KRW 20.04 square meters, which is part of Q No. 44.76 square meters on the registry of the instant building, from H, and entered the leased object in the lease agreement as “instant building S,” while leasing the leased object from July 30, 201 to July 30, 2013.

Defendant B received a fixed date on August 11, 201 and completed a move-in report under S on the same day.

C. On December 14, 2007, Defendant C, without any separate rent, set lease deposit of KRW 18 million on the instant building registry, from December 28, 2007 to December 27, 2009, leased object under the lease agreement was stated as “instant building V”.

Defendant C received a fixed date on December 26, 2007, and completed a move-in report with V on the same day.

On the other hand, on March 25, 2015, the Plaintiff completed the registration of creation of a collateral (hereinafter “mortgage”) of the maximum debt amount of KRW 195 million on the grounds of a mortgage contract with H on the same day with H on the same day.

E. On September 7, 2016, the order to commence a compulsory auction of real estate as Suwon District Court D on the application of W on September 7, 2016, the order to commence a compulsory auction of real estate was issued on December 5, 2017, and the order to commence a auction of real estate as F of the same court upon application of X among the mortgagees of the right to collateral security on December 5, 2017, and the order to commence an auction of real estate as G of the same court on March 27, 2018.

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