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(영문) 서울남부지방법원 2018.06.28 2017가단227930
배당이의
Text

1. Of the distribution schedule prepared on June 15, 2017 by the above court with respect to the case of voluntary auction of real estate B in Seoul Southern District Court.

Reasons

1. Facts of recognition;

A. On March 17, 2008, the Plaintiff completed the registration of the establishment of a mortgage over the amount of KRW 980,000,000 with respect to D land and its ground buildings owned by Gangseo-gu Seoul Metropolitan Government (hereinafter collectively referred to as “instant real estate”). The Plaintiff completed the registration of the establishment of a mortgage over the debtor corporation, the mortgagee of the right to collateral security (the former trade name before the modification), the maximum debt amount of KRW 980

B. Defendant’s chonsegwon (right to lease on a deposit basis) C&C Co., Ltd. (hereinafter “Ham”)

(1) On December 17, 2007, C and the second floor 201 of the building of this case entered into a lease contract with a deposit of KRW 200 million, monthly rent of KRW 3,450,00 (including value-added tax) and paid KRW 200,000,000. C entered into a lease contract with a deposit of KRW 200,000. In relation to the above lease contract with regard to lower forests, on December 27, 2007, C entered into a lease contract with a person having a right to lease on a deposit basis for a deposit of KRW 20,000,000, and completed the registration of establishment of a lease on a deposit basis under the above contract (hereinafter “right to lease on a deposit basis”).

(2) On December 20, 2012, the Seoul Southern District Court E, issued a decision to commence the compulsory auction of real estate, and the auction was in progress. On July 30, 2014, the lower court submitted a claim statement on the amount of KRW 162,050,000, which was deducted from KRW 200 million to KRW 37,950,000 (11 months from August to June 2014) the unpaid rent of KRW 37,950,00,000, which was deducted from KRW 200,000,000, from the deposit amount to the said auction court.

3) From July 17, 2014 to April 22, 2016, C did not pay a total of KRW 75,900,000,000 in rent and management expenses (monthly 550,000) during the period from May 2016 to December 2016. C issued a tax invoice on rent and management expenses for the said period to the lower-tier on January 17, 2017, and C returned the remainder after deducting the total of KRW 145,850,000 in rent and management expenses (=37,950,000,750,000,000 in rent and management expenses) accrued until the said period from the deposit 20,000 won paid to the lower-tier on January 17, 2017.

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