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(영문) 인천지방법원부천지원 2016.07.08 2016가단8413
배당이의의소
Text

1. The lease contract concluded on November 6, 2014 between A and B shall be revoked.

2...

Reasons

1. Facts of recognition;

A. B purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from D on April 27, 2006, and completed the registration of ownership transfer on May 30, 2006. On December 1, 2008, B loaned KRW 258,000,000 from the Plaintiff on the terms of interest rate of 1.9% per annum on the distribution profit rate of three months and damages rate of 18 to 21% per annum, and on December 1, 2008, B created a collateral security right with respect to the instant real estate on December 1, 2008 to secure the above loan obligation.

B. On March 23, 2009, the Plaintiff is the Korea Housing Finance Corporation and the Korea Housing Finance Corporation.

The Korea Housing Finance Corporation concluded a mortgage management entrustment agreement to transfer mortgage-backed claims, including mortgage-backed claims, and to be entrusted with the management, operation, disposal, etc. of transferred mortgage-backed claims by Korea Housing Finance Corporation.

C. As to the instant real estate, on October 21, 2009, B created, with Solomon Mutual Savings Bank, the right to collateral security (the maximum debt amount of which is 52,00,000,000) and the Industrial Bank of Korea on January 3, 2011, respectively, the right to collateral security (the maximum debt amount of which is 60,000,000,000) was additionally established. On August 22, 2014, the Republic of Korea issued a disposition of national taxes in arrears on September 16, 2014. The New Card Co., Ltd executed provisional seizure with the claim amount of 15,010,333 won, the right to collateral security (the debt amount of which is 109,242,537 won) on November 20, 2015, respectively.

On November 6, 2014, the Defendant entered into a lease agreement between B and B as to the instant real estate with a deposit of KRW 20,000,000, the rent of KRW 600,000 (Provided, That no payment shall be made until seizure and provisional seizure is cancelled) and the period from November 25, 2014 to November 24, 2016 (hereinafter “instant lease agreement”) and completed the move-in report simultaneously with the move-in report on November 21, 2014, which is the date of commencement of the lease and the remainder payment.

E. B from October 2014

The Plaintiff delayed the payment of interest on the loans described in paragraph (a).

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