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(영문) 광주지방법원목포지원 2016.12.14 2016가단1388
배당이의
Text

1. As to the case of the voluntary auction of real estate A with the Gwangju District Court wooden Branch A, the said court prepared on February 4, 2016.

Reasons

1. Basic facts

A. B from April 13, 192, 192, owned all 4 households of multi-household houses with the second floor above the ground (hereinafter “multi-household houses in this case”).

B. On December 9, 2013, the Defendant entered into a lease agreement with B, under the condition that D reside with respect to a multi-household 101-68.74 square meters of the instant multi-household 1 floor (hereinafter “instant leased building”) on a deposit basis, with a deposit of KRW 45 million, and from December 17, 2013 to December 16, 2015, the lease agreement was concluded between B and B on a deposit basis.

D, however, the building consisting of 102 multi-household housing No. 102, 80.44m2 on the registry (hereinafter “the India building of this case”) was delivered from B, and the present door of the India building of this case is indicated as 101.

C. D, upon filing a move-in report on resident registration on December 12, 2013, entered and submitted the address as “Mapo City C, 101” in the move-in report. At the time of entry of the above address into the computer network, the public official in charge of the Dong E-dong community service center entered D’s address as “Mapo City C” only in the computerized resident registration copy, which was processed by entering D’s address into “Mapo City C”, was omitted.

The Plaintiff between B and B on December 23, 2014, as to the leased building of this case, refers to the right to collateral security (hereinafter referred to as the “mortgage”) with the maximum debt amount of KRW 26 million as to the leased building of this case.

On the same day, the contract was concluded, and the registration of establishment of a new mortgage on the leased building of this case was completed.

E. On May 12, 2015, the Plaintiff filed an application for voluntary auction on the leased building of this case with the Gwangju District Court wooden Branch A for voluntary auction order on May 19, 2015, with regard to the instant leased building with the claim amounting to “20 million won and damages for delay calculated at the rate of 16.9% per annum from April 24, 2015 to the date of full payment.”

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