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(영문) 수원지방법원안양지원 2017.12.15 2016가단19709
배당이의
Text

1. The document prepared on December 21, 2016 by this court concerning the compulsory auction of real estate C with the Suwon District Court inside.

Reasons

1. Basic facts

A. On June 26, 2009, the Plaintiff completed the registration of ownership transfer with respect to the building A (hereinafter “instant building”) E, F, and G (hereinafter “the instant real estate”) on the land outside and two lots of land (hereinafter “instant building”). After that, the ownership of the instant real estate was transferred to I on March 22, 2012, H, Nov. 27, 2013, respectively.

B. On February 28, 2010, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 2.6 million, monthly rent of KRW 16 million, and the period from February 28, 2010 to February 27, 2012. On January 31, 2012, the Plaintiff entered into a lease agreement by setting the lease deposit amount of KRW 3.6 million, monthly rent of KRW 9 million, and the period from March 1, 2012 to December 31, 2012.

On June 12, 2012, H succeeded to the status of the Plaintiff under the above lease agreement. On December 3, 2012, H concluded a lease agreement between the Defendant and the period from January 1, 2013 to November 30, 2013, by setting the lease deposit of KRW 3.6 million, monthly rent of KRW 7.2 million, and the period from January 1, 2013 to November 30, 2013.

(hereinafter “instant lease agreement”). C.

The Defendant, on June 13, 2012, as a security for the lease deposit of KRW 3.6 million under the instant lease agreement, completed the additional registration for the partial transfer of the right to collateral security under the name of the J on June 12, 2012 regarding the right to collateral security under the name of the maximum debt amount of KRW 300 million (transfer amount of KRW 180 million) created with respect to E out of the instant real estate. Of the instant real estate, the Defendant completed the additional registration for the right to collateral security under the name of the H on June 12, 2012 with respect to the shares of KRW 3.6 million (1.8 million with respect to the maximum debt amount of KRW 3.6 million with respect to the instant real estate in the name of the Defendant, and completed the additional registration for the partial transfer of the right to collateral security (hereinafter “the instant right to collateral security”).

The defendant's creditor K is the court No. 2013TT 10431 on November 27, 2013 with respect to the instant right to collateral security.

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