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(영문) 서울중앙지방법원 2018.11.28 2018가단38254
배당이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 9, 2011, the Plaintiff completed the registration of establishment of the right to collateral security (hereinafter “first right to collateral security”) of KRW 100 million with the maximum debt amount on the multi-household housing indicated in the attached list owned by Nonparty E (hereinafter “multi-household housing in this case”) as Seoul Central District Court’s registry office, Jung-gu, Seoul Central District Court No. 48712, but revoked the registration of establishment of the said right to collateral security (hereinafter “first right to collateral security”) as of June 22, 2012 at the

B. After that, between E and E on May 29, 2012, the Defendant concluded a contract to establish a right to lease on a deposit basis with the term of 320,000,000 won for the instant multi-household as of June 28, 2014, and completed the registration of the establishment of a right to lease on a deposit basis as of June 29, 2012.

From around that time, the Defendant resided in the instant multi-household and the expiration date of the lease contract came, and extended the lease contract by April 20, 2015 on the condition that the lease deposit is increased by KRW 10,000,000, and received the fixed date as of April 22, 2014 with respect to the lease contract with the same content.

C. After completing the Defendant’s registration of the establishment of chonsegwon, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) of KRW 100 million with respect to the instant multi-household housing as the Seoul Central District Court’s Jung-gu Branch Office, Seoul Central District Court No. 32935, Jul. 6, 2012, however, on September 23, 2016, the said right to collateral security was cancelled as the receipt No. 40231 of the said registration office.

After that, Cho Jae-gu, Inc., a creditor of the instant multi-household, was the mortgagee of the instant multi-household, filed an application for voluntary auction on May 3, 2016, and on the same day, Seoul Central District Court voluntarily rendered a decision to commence the auction of the instant multi-household house, but withdrawn the application for voluntary auction on September 26, 2016.

E. Meanwhile, Nonparty G is the Seoul Central District Court’s Branch of the Central District Court (Seoul Central District Court) No. 40233, Sept. 23, 2016, with respect to multi-household housing of this case as the maximum debt amount 109,500.

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