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(영문) 부산지방법원 2019.05.21 2018가단6873
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) E, on February 16, 2016, constitutes “instant real estate” (hereinafter “instant real estate”) and “F building” and “Gho-gu, Busan.”

A) On the same day, H Co., Ltd completed the registration of ownership transfer on the ground of trust. On March 22, 2016, E completed the registration of ownership transfer on the ground of the reversion of trust property. (2) around March 8, 2016, E concluded a lease contract with Defendant B by setting lease deposit amounting to KRW 35 million, monthly rent, KRW 320,00, and KRW 324,000, respectively, on the instant real estate. Since then, Defendant B entered into a lease contract with Defendant B on March 18, 2016, by setting lease deposit amounting to KRW 35,000,000, monthly rent, and KRW 50,000.

3) From February 29, 2016 to March 17, 2016, Defendant B paid KRW 10 million out of the lease deposit (i.e., KRW 5 million on February 16, 2016, KRW 500,000 on March 8, 2016, KRW 500,000 on March 17, 2016, KRW 3 million among them. Defendant B received a loan of the lease fund, and Defendant B paid KRW 27 million as the lease deposit to Nonparty on March 31, 2016, KRW 200,000,000 from March 17, 2016, KRW 200,000,000 from March 31, 2016, Defendant B acquired a sublease contract between Defendant B and Defendant C16, and Defendant C1 and its sub-lease on March 4, 2016.

5. Meanwhile, on March 22, 2016, Defendant B obtained a fixed date in the lease agreement dated March 18, 2016, and completed the move-in report to the instant real estate address on April 25, 2016, and Defendant C completed the move-in report on April 8, 2016.

B. The auction procedure of this case and

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