logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.12.18 2015가단227440
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 December 23, 201, 201, bread Co., Ltd. entrusted (hereinafter “instant apartment”) Nos. 104-dong 402 (hereinafter “instant apartment”) to Korea Trust Co., Ltd. and transferred ownership on the same day.

B. On March 2, 2012, E entered into a lease on a deposit basis with Korea Trust Co., Ltd. for the instant apartment, setting the lease on a deposit basis for the instant apartment from April 27, 2012 to April 27, 2014, and thereafter, E paid KRW 190 million to Korea Trust Co., Ltd.

C. On April 19, 2012, E transferred the instant apartment to the Defendant KRW 117 million (hereinafter “instant transfer”) out of the claim for the refund of the lease deposit (right to lease deposit) with respect to the instant apartment (hereinafter “instant transfer”). On the same day, E notified the instant transfer to Korea Trust Korea Co., Ltd. by content-certified mail and reached around that time.

After that, on May 16, 2012, E completed the registration of the establishment of chonsegwon on the instant apartment.

E. On July 2, 2013, the Plaintiff entered into a mortgage contract with E by setting the debtor F (E’s husband) and the maximum debt amount of KRW 130 million with respect to the right to lease on a deposit basis, and completed the registration of creation of a mortgage near the same day (hereinafter “mortgage”).

F. On May 28, 2014, the Plaintiff filed an order of seizure and assignment of the claim amounting to KRW 130 million among the security deposit return claims against Korea Trust Co., Ltd. by Suwon District Court Decision 2014TTT12106, and received the decision on the 30th of the same month. The said decision was served on Korea Trust Co., Ltd. on June 5, 2014.

G. Meanwhile, E’s creditors, such as the new bank, the Industrial Bank of Korea, G, etc., provisionally attached E’s claim for lease on a deposit basis or the entire right itself, around 2014, and some of such creditors were issued a collection order for the transfer of the provisional seizure to the original seizure.

(h) Korea Trust Co., Ltd. shall return to E on June 26, 2014 at the expiration of its term of existence.

arrow