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(영문) 의정부지방법원고양지원 2014.07.25 2014가단11720
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On July 5, 2010, Nonparty C, the Plaintiff’s spouse, entered into a lease agreement (hereinafter “instant apartment”) with Nonparty D on July 5, 2010, which is the Plaintiff’s spouse, No. 205-dong 103 (hereinafter “instant apartment”).

(2) As to the term of the lease deposit, the term of the lease deposit shall be KRW 25,00,000; KRW 500,000 for monthly rent; and the term of the lease shall be from July 26, 2010 to July 25, 2012 (hereinafter “instant first lease contract”).

(2) On June 26, 2012, Nonparty C paid 25,000,000 won of the lease deposit under the instant lease contract to Nonparty D. On August 3, 2010, Nonparty C occupied and used the instant apartment after completing the move-in report on the instant apartment on August 3, 2010. The Plaintiff completed the move-in report on the instant apartment on August 3, 2010 and resided in the instant apartment with Nonparty C along with Nonparty C; 2) upon renewal of the instant lease contract on June 26, 2012, the Plaintiff changed Nonparty D and the instant apartment from Nonparty C to the Plaintiff, and the lessee was changed from Nonparty C to the Plaintiff; the lease deposit was KRW 110,00,000, the lease deposit was paid for 36 months from July 2, 2012 (hereinafter “instant lease deposit”).

B. 1) Nonparty Han Bank Co., Ltd. (hereinafter “Nonindicted Bank”), including the preparation of a distribution schedule

(2) As to the instant apartment on April 16, 2007, the establishment registration of a neighboring mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claim amounting to KRW 157,200,000,000,000,000,000,000 as the grounds for registration, for the establishment of a contract.

Upon completion of the auction procedure on the instant apartment based on the instant mortgage. A voluntary auction procedure was filed on June 20, 2013 on the ground of the instant mortgage, and on June 20, 2013, the auction procedure according to the said voluntary decision to commence auction was “the instant auction procedure.”

(2) The Defendant was on the asset-backed securitization.

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