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(영문) 대구지방법원 서부지원 2018.02.27 2017가단50000
배당이의
Text

1. The Daegu District Court prepared on December 26, 2016, with respect to the case of the voluntary auction of real estate D with the Seogu District Court Branch D.

Reasons

1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4, 8, and 9 (including serial numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

On January 19, 2012, the Plaintiff lent money several occasions to friendly E, and prepared a notarial deed by setting the amount of 278,000,000 won borrowed from E, and the date of maturity of payment on July 5, 2011, the date of repayment on January 17, 2012, and interest rate of 30% per annum.

F is the mother of E.

B. On January 20, 2012, the Plaintiff completed the registration of the establishment of a neighboring building consisting of 278,000,000 maximum debt amount with respect to the Daegu-gun, Daegu-gun, Inc., owned by E, and the H’s above building (hereinafter “instant real estate”).

C. The Plaintiff’s motherF donated the instant real estate from E on December 13, 201 and completed the registration of ownership transfer on January 27, 2012.

On August 29, 2012, the Plaintiff filed an application for voluntary auction with the Seogu District Court Branch I, which was dismissed.

E. Upon the Plaintiff’s application, on January 7, 2016, the Daegu District Court rendered a decision to commence voluntary auction on the instant real estate D, and sold it to the purchaser on November 16, 2016.

F. In the above auction case, Defendant B submitted a demand for distribution of KRW 15,00,000 of the lease deposit with respect to subparagraph 202 of H, monthly rent of KRW 200,000, and the lease term of KRW 200,000 from September 29, 201 to September 28, 2013, the date of preparation, September 20, 2011, and March 2, 2012 with the fixed date of KRW 15,00,000 of the deposit, while submitting the lease contract with the mother-friendly F.

Defendant C submitted a demand for distribution of KRW 100,00,000 of the lease deposit with respect to No. 302 of H, monthly rent of KRW 100,00,000, lease term from November 15, 2011 to November 14, 2012, the date of preparation, and the fixed date of January 5, 201, along with the submission of a lease contract with respect to No. 302 of H, and submitted a demand for distribution of KRW 100,000 of the said deposit.

G. Defendant B completed each move-in report on October 27, 201, and Defendant C completed each move-in report on January 5, 2012.

(h) Defendant B.

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