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(영문) 수원지방법원안산지원 2015.06.12 2015가단100822
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant A’s lease agreement details 1) Defendant A’s partner E was the same as Defendant A’s partner on April 2007, 2007, F and Ansan-gu G ground housing (hereinafter “instant building”).

3) The ground floor No. 102 (hereinafter “Ground No. 1”)

(2) On April 30, 2007, E completed the move-in report to the address of the Yansan-gu, Yongsan-gu G as the instant building falls under the multi-household detached housing, and E received a fixed date on the said lease agreement, and around May 19, 2007, E resided in the instant house from F after receiving a delivery of the instant house from the Republic of Korea.

3) On May 19, 2009, Defendant A, a new owner of the instant housing and the instant housing No. 1, a lease contract was concluded between May 20, 2009 and May 19, 201, wherein the lease deposit was increased to KRW 25,000,00, and the lease term was from May 20, 2009 to May 19, 201. However, Defendant B had been residing in the instant housing No. 1. (B) around November 4, 2007, Defendant B entered into a lease contract between F and the instant housing No. 103 (hereinafter “instant housing No. 2”) with respect to the lease deposit for KRW 25,00,000 and the lease term from December 8, 2007 to December 7, 2009.

2) Defendant B, around December 17, 2007, completed the move-in report to the address of [Yancheon-gu, Yansan City G,” while obtaining a fixed date in the said lease agreement, and around that time, he had been transferred the instant house from F to reside in this case until now. (c) Defendant B purchased the instant house 1 and 2 from H around August 18, 201, and completed the registration of ownership transfer with respect to each of the instant houses around September 29, 201.

2) The Nonghyup Bank Co., Ltd. (Before the division: the Agricultural Cooperative Federation, around September 29, 201, entered into a mortgage agreement with I on housing Nos. 1 and 2 and on the same day.

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