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(영문) 서울서부지방법원 2017.01.18 2015가단19677
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On February 6, 2013, D and Defendant B concluded a lease contract with the former deposit amount of KRW 40,000,000 and the lease period of KRW 12 months from February 6, 2013 with respect to Yongsan-gu Seoul, Yongsan-gu, Seoul. After obtaining a fixed date on February 15, 2013, they completed the move-in report on February 17, 2015.

On February 8, 2013, D and Defendant A entered into a lease contract with the former deposit amount of KRW 40,000,000 and the term of lease as from February 15, 2013 with respect to subparagraph 201 of Yongsan-gu Seoul Metropolitan Government E, and received a fixed date after completing the move-in report on February 15, 2013 and obtaining the fixed date.

After concluding each lease contract of this case, Defendant B and Defendant A paid each lease deposit of KRW 40,000,000 to D and received delivery of each lease object of this case.

On the other hand, on December 12, 2012, before entering into each of the instant lease agreements, D completed the registration of ownership transfer for each of the instant lease objects, and E 201, E 1,411,290,000 won and E 202 applied for the registration of purchase of each of the instant lease objects as joint collateral. On the same day, the registration of creation of the right to collateral security (2,158,000) was completed with the creditor, the debtor D, the maximum debt amount (2,158,00,000) with each of the instant lease objects as joint collateral. As to E 202, the registration of creation of the right to collateral security (2,00) was completed on the same day with the creditor and L&A partnership loan, the debtor D, the maximum debt amount (39,000,000 won).

On June 12, 2015, the distribution date of the real estate auction procedure for each of the lease objects of this case, which was progress as the Seoul Western District Court C real estate auction case in progress upon the Plaintiff’s request, the Defendants received 25,000,000 won as each small lessee, and the Plaintiff raised an objection against this.

[Grounds for recognition] A without dispute, Gap 1 through 5, Eul 7 through 9, Eul 1, 3, 5, 10, 14, Eul 1, 5, 20, Eul 1, 5, and 20, witness F's testimony, the parties' assertion of the purport of the whole pleading, and the plaintiff's assertion of the parties' assertion of the judgment of each object of lease of this case is complicated to the extent exceeding the market price.

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