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(영문) 청주지방법원충주지원 2016.12.21 2016가단4337
배당이의
Text

1. As to the Cheongju District Court B real estate auction case B, the said court prepared on July 27, 2016.

Reasons

1. Basic facts

A. On August 5, 2014, the Plaintiff set the second priority collective security right of KRW 210,000,000 with respect to each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”).

On July 2, 2013, March 17, 2014, and August 5, 2014, Defendant Lhyl Credit Union established the first priority collective security right of KRW 260,000 (around 715,000,000) with respect to each of the instant real estate.

The Defendant Li account Credit Union applied for a voluntary auction on each of the instant real estate to Cheongju District Court Cheongju District Court Cheongju Branch B, and the decision on the voluntary auction was rendered on November 13, 2015.

B. On March 27, 2015, Defendant A prepared a lease contract between C and C on the fourth-story housing (hereinafter “instant housing”) among the buildings listed in the attached Table No. 6 of the attached Table No. 6, with the lease deposit amount of KRW 40,000,000, and from March 30, 2015 to March 29, 2017, Defendant A made a move-in report on the instant housing on March 30, 2015.

C. On July 27, 2016, in the auction case B in Chungcheong District Court Chungcheong District Court, the court drafted a distribution schedule to the Defendant A that distributes KRW 15,00,000 to the lessee of small amount, KRW 653,193,744 to the Defendant Li account Credit Union, and KRW 37,539,313 to the Plaintiff (hereinafter “instant distribution schedule”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 6, 7, and 8 and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion C prepared a false lease agreement on the instant housing in collusion with Defendant A in order to have Defendant A, his wife, receive an amount of money equivalent to the deposit money for small amount of lease under the Housing Lease Protection Act, in a situation where the request for auction of each of the instant real estate was imminent.

On the other hand, the Defendant Liber Credit Union loaned the sum of KRW 50,000,000 to C from July 2, 2013 to August 5, 2014, based on the right to collateral security for each of the instant real estate. However, among the bond statements submitted by the said Defendant.

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