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(영문) 의정부지방법원 2016.03.16 2015가단102675
배당이의
Text

1. The lease contract concluded on November 13, 2013 between the Defendant and B shall be revoked.

Reasons

1. Basic facts

A. On July 23, 2009, the Plaintiff loaned the amount of KRW 175,000,000 to B, and was set up a collateral security (hereinafter “mortgage”) with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant apartment”).

B. On November 13, 2013, the Defendant entered into a lease agreement between B and B with the lease deposit amounting to KRW 25,00,000 for the instant apartment, and with the lease period from November 30, 2013 to November 29, 2015 (hereinafter “instant lease”), and around November 201, 2013, after receiving the instant apartment from the delivery of the said apartment, obtained a fixed date after completing the move-in report on December 3, 2013.

C. On the other hand, on January 6, 2014, the Plaintiff filed an application for voluntary auction of the instant apartment based on the instant right to collateral security with the Jung-gu District Court C, and the Defendant filed an application for a report on the right as a lessee and a demand for distribution on March 26, 2014 in the auction procedure thereafter.

On February 13, 2015, the above auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 20,000,000 among the amount of KRW 172,575,306 to the Defendant (small-sum lessee) in the first priority order, and KRW 152,575,306 to the Plaintiff (creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage) in the second priority order.

E. Meanwhile, at the time of the instant lease agreement, B had no specific property other than the instant apartment that is equivalent to approximately KRW 200,500,000 (the appraised value as of January 14, 2014 at the above auction procedure is KRW 208,00,000) at the market price at the time of the instant lease agreement (the appraised value as of January 14, 2014 at the above auction procedure is KRW 208,000). However, a small property is a debt equivalent to KRW 484,686,00 (the sum of the principal and interest on the bond account statement submitted at the above auction procedure) of the instant secured debt (the sum of the principal and interest on the bonds account statement submitted at the above auction procedure is KRW 205,589,596), other than the secured debt amounting to KRW 200,00,000, total of the debt amount of KRW 15,013,000 for Samsung Card and new cards.

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