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(영문) 부산지방법원동부지원 2015.10.15 2015가단8720
배당이의 소
Text

1. A distribution schedule prepared on May 4, 2015 by the above court with respect to a compulsory auction case of real estate D with Busan District Court Dong Branch.

Reasons

1. Facts of recognition;

A. On March 9, 2010, the Defendant concluded a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with respect to the six, seven, and eight floors among the real estate listed in the attached Table (hereinafter “instant building”) and the real estate indicated in the attached Table (hereinafter “instant building”), and completed the registration of the establishment of a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) on the same day.

B. On June 2010, Plaintiff A entered into a lease agreement with the content that, among the instant building, the 8th floor utilization room and marina room among the instant building was leased at KRW 40,000,000, monthly rent of KRW 700,000, and Plaintiff B and C entered into a lease agreement with the content that, around July 2010, the 7th floor retail store of the instant building was leased at KRW 50,000,000, monthly rent of KRW 2,000,000.

C. Meanwhile, the Plaintiffs, the Defendant, and lighting development concluded an additional lease agreement as of March 9, 2010 (hereinafter “instant agreement”) with the following content.

1) The plaintiffs agree to the establishment of the right to lease on a deposit basis of the building of this case. (2) The right to lease on a deposit basis of the plaintiffs is obligated to pay the lease deposit of this case in preference to the defendant's lease deposit, and even if the mining development is lost due to sale, auction, etc. of the building of this case, the plaintiffs have the right to be paid in preference to the defendant, and the defendant agrees thereto and confirmed that there is no objection.

3. If the Defendant fails to cancel the registration of the establishment of chonsegwon, even if the Defendant was to return the deposit from the early development, the Plaintiffs may claim the return of the deposit to the Defendant. In this case, if the Defendant returned the deposit to the Plaintiffs, the Plaintiffs shall restore the leased object to its original state and deliver it to the early development.

The Plaintiffs are KRW 300,000,000, which was established on March 21, 2010 with respect to the nine floors among the instant buildings on November 29, 2010.

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