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(영문) 춘천지방법원 2015.07.01 2013가단17042
배당이의
Text

1. The lease contract concluded on September 20, 2012 between the defendant and B shall be revoked.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1 to 9, and Eul evidence 9, by taking into account the whole purport of the pleadings.

B completed the registration of ownership transfer on March 15, 200 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

B. B: (a) on September 28, 2007, the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”); (b) on April 26, 201, the registration of the establishment of a mortgage (hereinafter “mortgage”); (c) on August 18, 201, the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”); (d) on the establishment of a mortgage (hereinafter “mortgage”) consisting of KRW 150,000,000 for the Plaintiff of the mortgagee, the maximum debt amount (hereinafter “the instant mortgage”); and (e) the establishment of a neighboring mortgage (hereinafter “instant mortgage”).

C. (1) On September 20, 2012, the Defendant: (a) leased part of the instant apartment between B and B; (b) concluded a lease agreement that stipulates that the rental deposit of KRW 15 million shall be leased from the date of the contract; (c) two years from the date of the contract; and (d) five million won of the down payment shall be paid at the time of the contract to November 30, 2012 (hereinafter “instant lease agreement”).

(2) The Defendant completed a move-in report on November 30, 2012.

(3) The Defendant obtained a fixed date on November 30, 2012.

On April 30, 2013, the Plaintiff applied for a voluntary auction to Chuncheon District Court C with respect to the instant apartment, and completed a voluntary auction procedure on April 30, 2013.

E. As of September 20, 2012, B had a total of KRW 155,784,774 against the National Bank as of September 20, 2012, but among them, each of the above collateral collateral obligations secured by the apartment of this case was KRW 57,184,774.

(2) B was the representative director of D Co., Ltd. (hereinafter “D”), D was liable for KRW 2,511,957,000 for the Plaintiff as of September 20, 2012, and among them, B was also liable for KRW 1,352,82,00 for the joint and several liability of KRW 1,352,82,00, and September 30, 2014.

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