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(영문) 서울북부지방법원 2015.08.20 2014가단42667
배당이의
Text

1. A lease contract concluded on October 24, 2013 with regard to the real estate indicated in the indication of the attached real estate between the Defendant and B.

Reasons

1. The following facts may be acknowledged in full view of the evidence No. 1 to No. 4, evidence No. 1 to No. 2, evidence No. 1 to No. 2, and evidence No. 2.

On March 31, 2008, the New Savings Bank established a loan of KRW 11% per annum (25% per annum) with interest rate of KRW 74.5 million on December 30, 2013, and completed the registration of creation of a mortgage over the real estate indicated in the attached property B owned as collateral (hereinafter “instant real estate”) with respect to the secured maximum debt amount of KRW 149.5 million with respect to the real estate indicated in the attached property B (hereinafter “instant real property”). On December 4, 2013, the Plaintiff was transferred from the new Savings Bank with a loan claim and collateral security against the said B.

B. On the other hand, between October 24, 2013 and B, the Defendant entered into a lease contract between KRW 670 million and KRW 790 million at the market price, between KRW 410 million and KRW 475 million at the lease price, with the lease deposit amount of KRW 31 million at the lease price, and the lease period of KRW 31 million at the lease price, from October 31, 2013 to October 30, 2015, and upon repayment of KRW 200 million at the lease price of KRW 200,000 from that time (hereinafter “the lease contract in this case”). A lease contract was transferred to B on October 24, 2013, KRW 300,000 at the fixed date of KRW 301,301,300,300,000,000 from that time.

C. However, on March 27, 2006, with respect to the instant real estate around the time of the conclusion of the instant lease agreement, the establishment registration of a mortgage consisting of KRW 546 million with the maximum debt amount of KRW 50,000,000,000,000 with the maximum debt amount of KRW 24,000,000 on August 30, 2013, the establishment registration of a mortgage between D and B, the establishment registration of a mortgage between the Small and Medium Business Corporation on October 21, 2013, which was filed by the Small and Medium Business Corporation on September 11, 201, the provisional attachment that was the claim amount of KRW 18,00,000 against the creditor business credit guarantee foundation on September 11, 2013, provisional attachment on October 14, 2013, and creditor on October 18, 2013.

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