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(영문) 수원지방법원평택지원 2016.10.13 2016가단42737
배당이의
Text

1. On April 29, 2016, it is prepared by the same court with respect to a compulsory auction of real estate which is Suwon District Court C.

Reasons

1. Basic facts

A. On October 11, 201, the Plaintiff loaned D interest rate of KRW 36,00,000 per annum, KRW 10,000 per annum, and KRW 39% per annum on January 10, 2012. On January 18, 2012, the Plaintiff loaned KRW 36% per annum on interest rate, KRW 10,000 per annum, and KRW 39% per annum on April 17, 2012.

B. Meanwhile, on July 20, 201, D leased land and buildings of Pyeongtaek-si F (hereinafter “instant real estate”) from E with the lease deposit of KRW 100,000,000, and from August 26, 2011 to August 25, 2013, D transferred to the Plaintiff the right to return the lease deposit against E as security for the said loan (hereinafter “the right to return the lease deposit of this case”) around October 11, 201, D notified D of the said transfer by mail with a fixed date, and was served on E on October 12, 2011.

C. Meanwhile, as of November 30, 201, the registration for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) was completed as of November 30, 201 with respect to the instant real estate as of November 30, 201, with the right to lease on a deposit basis, from November 30, 201 to November 29, 201 without the payment of the deposit money (hereinafter “registration for the establishment of chonsegwon”). On the same day, the registration for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”). On the same day, the registration for the establishment of the right to lease on a deposit basis (hereinafter “registration for the establishment of the right to lease on a deposit basis”).

On January 18, 2012, E drafted a written confirmation to the Plaintiff that “D would repay D’s obligations to the Plaintiff within the limit of KRW 100,000,000,000, when D fails to repay to the Plaintiff within the agreed time limit.”

E. On October 13, 2014, the Plaintiff filed an application for provisional attachment against E for the amount claimed as KRW 37,000,000 with respect to the instant real estate as Seoul Central District Court 2014Kadan5258, and received the decision on October 13, 2014. The Plaintiff filed an application for provisional attachment of KRW 63,00,000 with the Seoul Central District Court 2015Kadan8125, and received the decision on October 27, 2015.

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