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(영문) 서울중앙지방법원 2015.02.05 2014가합5802
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Facts of recognition

The following facts are not disputed between the parties, or acknowledged by the parties as a whole in the descriptions of Gap evidence Nos. 1, 11, and 7-3, 4, 5, 7, 11, 19, 20, 21, and 22, and the whole purport of the pleadings cannot be determined differently with the witness evidence Nos. 7-1 and 2, and the witness evidence Nos. 7-2.

On August 6, 2008, the registration of ownership transfer in the name of E was completed on August 6, 2008, and the registration of ownership transfer in the name of F was completed on January 20, 2009, and the registration of ownership transfer in the name of G was completed on November 13, 2008, and the registration of ownership transfer in the name of G was completed on November 13, 2008.

On February 15, 2008, the Plaintiff entered into a lease agreement (Evidence A 11) with D, with the content that the Plaintiff leased the instant building at KRW 110 million from D on the lease deposit, and on April 2, 2009, respectively, with the same lease agreement (Evidence A 7-3) with D, but did not obtain a fixed date in each of the above lease agreements.

① On January 14, 2009, the Defendant entered into a lease agreement with G to lease the instant building by setting the lease deposit amount of KRW 200 million, the lease term from January 14, 2009 to January 13, 2010. On January 15, 2009, the Defendant filed a move-in report on the instant building with a fixed date on the said lease agreement after obtaining a move-in report on the instant building. ② On April 12, 2011, the Defendant completed the registration of the house lease on the ground of the leasehold on April 12, 2011 (Seoul Central District Court Decision 201Ka1493).

On April 21, 2011, I, based on the right to collateral security stated in the above paragraph (a), received a decision to commence the auction of real estate from the Seoul Central District Court C on April 21, 201, and the registration of the decision to commence the auction was completed on the same day.

In the above auction procedure, the defendant on July 14, 201, and the plaintiff on July 18, 201.

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