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(영문) 수원지방법원안산지원 2016.01.05 2014가단117601
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. The separate sheet signed on June 22, 2013 between the Defendant and B shall be set out.

Reasons

1. Basic facts

A. On September 16, 201, the Plaintiff entered into a credit guarantee agreement with B and the credit guarantee principal of KRW 51,200,000, and the credit guarantee term of September 14, 2012 (which was extended to September 13, 2013 thereafter).

B was granted a loan from a national bank as security by the credit guarantee agreement, but lost the benefit of May 30, 2013.

On August 29, 2013, the Plaintiff paid the principal and interest of 52,69,809 won to the said bank.

Accordingly, the Plaintiff filed a lawsuit against B on April 23, 2014 by filing a claim for the amount of reimbursement with the Suwon District Court Branch of 2012Ga11675 and sentenced that “the Defendant shall pay to the Plaintiff 52,957,971 won and 52,69,809 won among them, 12% per annum from August 29, 2013 to March 15, 2014, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on May 9, 2014.

B. On June 22, 2013, the Defendant concluded a lease contract with a deposit of KRW 19,00,000 with respect to the real estate listed in B and the separate sheet (hereinafter “instant real estate”) (hereinafter “instant lease contract”).

On July 12, 2013, the defendant moved in and moved in, and obtained a fixed date in the instant lease contract.

C. On September 11, 2013, on the instant real estate owned B upon the application of the National Bank of Korea, the registration procedure of the voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated by the Suwon District Court and Ansan Branch C (hereinafter “the instant auction procedure”).

In the auction procedure of this case, the plaintiff filed a report on the claim for reimbursement as a general creditor, and the defendant filed a demand for distribution against KRW 19,000,000, by asserting that he/she is a small lessee under the Housing Lease Protection Act.

On November 14, 2014, the court of execution recognized the defendant as a small lessee under the Housing Lease Protection Act and recognized the defendant as the lessee of a small amount under the Housing Lease Protection Act, and the defendant is the person who has the right to deliver the remaining amount, and the corporation which is the person who has the right to deliver

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