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(영문) 서울북부지방법원 2017.05.12 2016가단36017
배당이의의 소
Text

1. The plaintiff's main claim is dismissed.

2.(a)

On May 17, 2014, concerning attached real estate between the defendant and B.

Reasons

1. Facts of premise;

A. (1) On May 17, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant apartment owned by B and B with D, a licensed real estate agent, at the seat of D, KRW 32,00,000, and the term of lease, on June 5, 2014 to June 4, 2016 (hereinafter “instant lease agreement”).

The column for the Special Agreement on Luxembourg states to the effect that “Lessees shall make a contract after confirming the registration certificate, the confirmation statement, and the contents of the contract,” and “1 year rent of KRW 6,000,000 (=50,000 for monthly rent x 12 months)” are “temporary payment on the payment date of the balance.”

Article 22(1) of the Civil Act provides that the Defendant shall be liable for the payment of the total amount of the lease deposit and the annual rent to B until June 5, 2014. On June 2, 2014, the Defendant received the instant apartment from B, and completed the resident registration with his father F, and is residing in the said apartment.

B. As to B’s property status and the progress of auction distribution (i.e., the instant apartment, the maximum debt amount of January 18, 1996, KRW 32,00,000,000 on April 23, 2001, the maximum debt amount of KRW 127,00,000 on the maximum debt amount of April 23, 200, KRW 60,000,000 on January 14, 2009, and three collateral security (hereinafter referred to as “previous collateral security”) established on each debtor B.

Shell B, from the Plaintiff, 50,000,00 won on November 26, 201, and 45,000,000 won on August 31, 201, each of the above apartment units on the date of borrowing is abbreviationd to the Plaintiff as the "mortgage 1,200,000,000, 58,500, respectively, of the maximum debt amount to the Plaintiff with respect to the above apartment units on the borrowing day."

The establishment registration was issued.

Article 22(1) of the Civil Act provides that the rehabilitation claim of KRW 341,853,012, the draft date of the instant lease agreement, shall be 341,853,012, and the rehabilitation claim of KRW 341,853,012 was withdrawn on August 31, 2015.

AB made it.

Around October 5, 2015 upon the Plaintiff’s application, the Defendant started the auction procedure of the instant apartment around October 5, 2015, and on November 17, 2015, the lease deposit was 32,00,000,000.

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