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(영문) 대구지방법원 김천지원 2021.01.13 2020가단35072
배당이의
Text

1. Of the distribution schedule prepared by the said court on August 24, 2020 with respect to voluntary auction cases of real estate Kimcheon-cheon District Court C.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, and 3; (c) evidence No. 4-1, 2, and 10; and (d) evidence No. 10); and (c) the purport of the entire pleadings.

A. On July 11, 201, the ownership of the real estate listed in the separate sheet (hereinafter “the apartment of this case”) was changed due to the sale and purchase on July 11, 201, and on August 25, 2011, the registration of the establishment of the right to collateral security of KRW 37,800,000 for the debtor D and the mortgagee E association was completed.

B. Since then, the FF Co., Ltd. (hereinafter “Plaintiff”) granted a loan of KRW 37,00,000 to D on September 6, 2012 (hereinafter “instant loan”) and completed the registration of establishment of the right to collateral security at KRW 48,10,000 with respect to the instant apartment with the debtor D and the mortgagee as the Plaintiff, and the registration of establishment of the right to collateral security at KRW 37,80,000 with respect to the said apartment was cancelled on September 6, 2012.

(c)

On April 7, 2014, the Plaintiff loaned KRW 25,000,000 to D (hereinafter “instant second loan”). On the same day, the Plaintiff completed the registration of the establishment of the right to collateral security in the maximum amount of KRW 32,50,000 with the debtor D and the mortgagee as the Plaintiff.

(d)

In that sense, D did not repay the above loan principal to the Plaintiff on April 30, 2019 upon the Plaintiff’s request for auction, and there was a decision to voluntarily commence an auction of the instant apartment to the Daegu District Court Kimcheon Branch support C on April 30, 2019. However, on June 25, 2019, the Defendant decided to lease the instant apartment from D on May 7, 2014 to the period from May 7, 2014 to May 6, 2016 by paying KRW 40,000 for the rent deposit, KRW 40,000 for the rent of the instant apartment without monthly rent (hereinafter “the instant lease contract”), deposit, KRW 40,000,00 for the rent to the present time, and the moving-in report on May 8, 2014.

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