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(영문) 서울북부지방법원 2016.04.21 2015가단126845
배당이의
Text

1. A lease contract concluded on June 7, 2014 between the Defendant and B regarding the real estate indicated in the indication of the attached real estate.

Reasons

1. The following facts may be acknowledged in light of the purport of the whole pleadings as to the statements in Gap evidence Nos. 1, 2, 4, 6, and 7.

The Plaintiff leased KRW 470 million to B (hereinafter “the instant loan”) and completed on April 2, 2014 (hereinafter “the instant real estate”) the registration of the establishment of a mortgage over the attached real estate indicated in the attached property (hereinafter “the instant real estate”) with respect to the maximum debt amount of KRW 564 million.

B. Meanwhile, as between June 7, 2014 and B, the Defendant concluded a contract for the lease of the instant real estate (the average sales price of KRW 510 million at the time, the lease price of KRW 280 million, and the lease price of KRW 280 million) with the lease deposit amount of KRW 39 million, and the lease period of KRW 60 million from June 29, 2014 to June 28, 2016 (hereinafter “instant lease”), and paid the down payment of KRW 4 million on the contractual date, and the remainder of KRW 35 million by June 29, 2014. A move-in report was filed on June 30, 201 and obtained a fixed date.

C. However, the Plaintiff, who did not repay the above loan, applied for the commencement of auction on the instant real estate (Seoul Northern District Court C real estate auction) and voluntarily decided to commence auction on July 3, 2014.

In addition, the above auction court, among the distributable amount of 457,09,183 on June 26, 2015, paid to the defendant the amount of 32 million won as a lessee of small claims, the amount of 1,016,90 won as a holder of the right to deliver to Nowon-gu, and the plaintiff the amount of 418,663,413 won out of the maximum debt amount of 564 million won as a mortgagee, in the order of priority. The plaintiff raised an objection as to the amount of dividends of the defendant on the date of distribution, and filed the lawsuit of this case on July 3, 2015.

E. As to the instant real estate, the amount claimed on July 17, 2014, KRW 17,470,906, the provisional attachment order that is the creditor credit guarantee foundation, the amount claimed on the 24th of the same month, the provisional attachment order that is the creditor card company, the creditor card company, and the provisional attachment order that is the creditor card company, the amount claimed on the 25th of the same month, the creditor capital company.

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