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(영문) 서울서부지방법원 2018.01.26 2017가단224015
배당이의
Text

1. The part of the instant lawsuit of demurrer against distribution shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. On April 25, 2012, the Plaintiff was granted a loan of KRW 150 million to C, and was granted a right to collateral security of KRW 195 million with respect to the Mapo-gu Seoul Metropolitan Government Officetel 810 (hereinafter “instant building”) owned by C (hereinafter “instant building”).

On July 9, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with a lessor who was acting as his/her agent for the management of housing for a stock company (hereinafter “Korean Housing Lease Management”) and transferred KRW 50 million to the account under the name of E around that time, and obtained the fixed date on July 28, 2014.

Term of lease: From July 5, 2014 to July 5, 2016

(b) Lease deposit: 50 million won;

(c) Monthly rent: fifty thousand won;

D. Deposits account: The Defendant transferred KRW 200,290 and KRW 1,500,000 to the above national bank account in the name of E on August 5, 2014.

The Defendant drafted an agreement to the effect that, on November 12, 2014, remitted KRW 20 million to the bank account in the name of Korea Housing Lease Management, and KRW 20 million on December 13, 2013 of the same month, “The Defendant lends KRW 40 million to the Korean Housing Lease Management under the following conditions” (hereinafter “instant agreement”). A.

Rental Period: 36 months from December 1, 2014 to December 1, 2017

(b) Interest rate: 12% per annum for a year, 24% per annum for a year;

(c) Method of paying interest: To remit interest to the defendant's bank account after 36 months of conclusion of the contract;

(d) Operation of loans: Construction funds for new loan of three parcels, including the “F” in Gangnam-gu Seoul Metropolitan Government;

E. Repayment of loan: The Plaintiff applied for a voluntary auction on the instant building based on the foregoing right to collateral security, and on March 13, 2017, the Defendant submitted an application for a report on rights and a demand for distribution to the effect that he/she leased the instant building as above at the above auction procedure.

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