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(영문) 의정부지방법원 2020.05.14 2019나207562
배당이의
Text

1. Revocation of the first instance judgment.

2. As to the G real estate auction case in Gyeyang-gu District Court Goyang-gu.

Reasons

1. Facts of recognition;

A. On April 29, 2011, D took out a loan of KRW 476 million from the Plaintiff (former: H Co., Ltd.) on the same day, D established the right to collateral security (the maximum bond amount of KRW 618,800,000) in the name of the Plaintiff under the name of the Plaintiff, in order to secure the above loan obligation on the same day, in order to secure the above loan obligation (hereinafter “instant apartment”).

[Defendant B] Part of the instant apartment within the scope of KRW 20 million on December 10, 2012 on the date of the contract (the part attached Form 1 included in Section 1, 2, 4, c) possession date of the instant apartment on December 27, 2013, which was the date of move-in report on February 27, 2013, the date of move-in report on February 2015, 2012 / [Defendant C] on December 10, 2012, part of the instant apartment (the part attached Form 2, 1, 2, 44, c) possession date of the instant apartment on December 20, 2012, which was owned on August 20, 2013 (the portion attached to Section 2, 1, 25,000 won on which the date of move-in report on February 27, 2013.

On April 23, 2015, Defendant C applied for each order of lease registration as the above court 2015Kao24, and Defendant B applied for each order of lease registration as of April 29, 2015, the registration of housing lease was completed as follows.

C. On May 22, 2015, upon the Plaintiff’s application, the lower court rendered a voluntary decision to commence the auction of the instant apartment on May 22, 2015, and on the same day, the registration of the voluntary decision to commence the auction

(Korean Government District Court Goyang Branch G, hereinafter the above voluntary auction procedure is referred to as “instant auction procedure”).

D. In the instant auction procedure, the Defendants filed an application for a report on rights and a demand for distribution as each of the following small tenants:

[Defendant B] On December 10, 2012, the lease deposit amounting to KRW 20 million from December 15, 2012 to December 14, 2014 (two years) of the contract date, and the lease deposit amounting to KRW 20 million from December 15, 2012 among the apartment of this case, on December 27, 2013, the date of the move-in report on February 27, 2013 from the date of the move-in report on December 15, 2012 / [Defendant C] the lease deposit amounting to KRW 25 million from August 20, 2012 to August 20, 2013, the contract date of this case.

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