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(영문) 부산지방법원동부지원 2020.08.27 2018가단221920
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2014, the Plaintiff: (a) concluded a lease deposit amounting to KRW 20,000,000; (b) monthly renting KRW 2,000,000; and (c) concluded a lease term from August 21, 2014 to August 20, 2015 (hereinafter “instant first lease”); (d) around that time, the Plaintiff paid the Defendant KRW 20,000,000,000 to KRW 20,000,000, the lease deposit was registered as the name “E”; and (e) operated a personal teaching institute.

B. On December 18, 2014, the Plaintiff: (a) leased all the three floors of the instant building from the Defendant with a deposit for lease KRW 30,000,000, monthly rent of KRW 2,430,000; and (b) from January 1, 2015 to December 31, 2015, the lease term of KRW 20,000 (hereinafter “instant lease”); (b) paid the Defendant KRW 30,00,000,000 to the Defendant; and (c) operated an infant sports and private teaching institute on January 26, 2015.

C. On the other hand, on September 26, 2014, the registration of the establishment of a mortgage with regard to the instant building was completed on September 26, 2014 with regard to the right to collateral security, the maximum debt amount of KRW 3,640,000,000, and the debtor

G Union filed an application for a voluntary auction of real estate with Busan District Court Dong Branch C, and received a voluntary decision on January 6, 2017.

(hereinafter the above auction procedure is “instant auction procedure”). E.

On March 23, 2018, the Plaintiff leased the sixth floor of the instant building at KRW 70,000,000, monthly rent of KRW 2,000,000, and completed the registration of business on September 21, 2014. On December 24, 2014, the Plaintiff leased the third floor of the instant building at KRW 80,000,000, monthly rent of KRW 2,430,000, and filed an application for a report on rights and demand for distribution by asserting that the said building was operating the business on January 26, 2015.

F. In the instant auction procedure, on November 14, 2018, the court held that the H Co., Ltd., the lessee, 30,000,000 won, and 2.

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