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(영문) 인천지방법원 2015.08.18 2014가단235706
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. Defendant No. 103, 502, Seo-gu, Incheon, Seo-gu.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each entry described in Gap's 1 to 5, 9, 10, 15, Gap's 14-1 to 3, and Gap's 16-1 to 7.

A New Bank shall grant B, around February 23, 2007, KRW 100,00,000, ② around March 6, 2007, KRW 20,000, ③ around June 11, 2008, ④ KRW 18,500,000, and ④ around May 25, 2012, each of the loans was granted to B, and completed the registration of creation of a mortgage around the maximum debt amount of KRW 14,00,00 (hereinafter “the instant real property”) around April 11, 207, ② the registration of creation of a mortgage around the maximum debt amount of KRW 4,00,00,000, around June 11, 2008, each of the causes for the establishment of a mortgage is completed.

B. The New Bank on July 29, 2013

On the basis of the right to collateral security, the Incheon District Court filed an application for a voluntary auction of the instant real estate D with regard to the instant real estate, and the decision of voluntary auction was rendered on July 30, 2013 by the above court.

C. On March 22, 2013, the Defendant asserted that the lease deposit for the instant real estate was KRW 25,00,000, and the lease contract was concluded between March 22, 2013 and March 22, 2015 (hereinafter “instant lease contract”) with B, and applied for a report on the right and a demand for distribution to the auction court around September 16, 2013, when the said voluntary auction procedure was in progress.

On the other hand, on September 25, 2013, the new bank has against B to the Plaintiff.

At that time, B entered into an asset transfer agreement with all of the loan claims described in the paragraph, and notified B of the transfer.

E. On July 30, 2014, the auction court prepared a distribution schedule that distributes the amount of KRW 188,014,629 to the Defendant, who is the lessee of small claims, as the lessee of small claims, KRW 12,00,000, and KRW 175,874,609, respectively, to the Plaintiff, who is the assignee of the claim of the new bank, who is the applicant creditor and the mortgagee of the new bank, as the assignee of the claim, (hereinafter “instant distribution schedule”).

(f).

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