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(영문) 대전지방법원서산지원 2019.05.22 2018가단4569
배당이의
Text

1. On October 11, 2018, with respect to the compulsory auction, F (Dual) and G (Dual) applications filed by the Daejeon District Court and the Daejeon District Court.

Reasons

1. The following facts may be acknowledged in light of the purport of the whole pleadings in each of the statements in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 3.

On December 18, 2013, the Defendant leased the Jho Lake from H in the first ground neighborhood living facilities from H in order to KRW 45 million.

B. Furthermore, on February 7, 2014, the Plaintiff leased the above K from H during the above neighborhood living facilities with the lease deposit of KRW 47 million, and from February 7, 2014 to February 7, 2016, the lease deposit was not refunded even after the expiration of the lease term.

C. Meanwhile, the Plaintiff received a decision of provisional seizure (this Court 2016Kadan346) with regard to the claim amounting to KRW 47 million against the land of Jin-si and the neighborhood living facilities (hereinafter “instant real estate”) in order to refund the lease deposit, and registered the provisional seizure order on April 22, 2016.

In addition, in order to refund lease deposit, the defendant applied for a compulsory auction on the instant real estate, and received a decision to commence compulsory auction (this court L) on January 31, 2017.

E. However, on October 23, 2017, M acquired ownership of the instant real estate, and on October 30, 2017, on which October 30, 2017, M paid KRW 125 million to the Defendant. ② The notarial deeds of a monetary loan agreement, which is KRW 30 million of credit, due date, November 30, 2017, and late payment damages, were prepared.

Accordingly, the defendant on October 30, 2017, the above D.

The request for auction mentioned in the subsection has been withdrawn.

F. Meanwhile, on December 6, 2016, the Plaintiff filed a lawsuit against H to claim for a lease deposit and rendered a judgment that “H shall pay the Plaintiff KRW 47 million and the amount at the rate of 15% per annum from November 16, 2016 to the date of full payment.” On the other hand, the Plaintiff filed a petition for auction of the instant real estate, and subsequently rendered a decision to commence compulsory auction (E) on December 11, 2017, and subsequently rendered a decision to commence the auction.

G. The instant case.

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