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(영문) 수원지방법원평택지원 2013.04.12 2012가단19593
배당이의
Text

1. The Suwon District Court prepared on December 5, 2012 with respect to the auction of the status of real estate C, which was prepared by the said court.

Reasons

1. Basic facts

A. On April 27, 2009, the Plaintiff: (a) on the ground of Pyeongtaek-si, E, F, and G (hereinafter “instant site”); (b) No. 401, part of the fourth floor of reinforced concrete structure slab roof, the instant building was not registered as an aggregate building (hereinafter “instant building”); (c) on the lease deposit amount of KRW 55,00,000, the Plaintiff leased a move-in report and occupied and occupied it from around that time; and (d) on May 13, 201, the Plaintiff leased a move-in report with the fixed date on the lease agreement of KRW 55,000,000.

B. Meanwhile, on September 2, 2008, the Defendant entered into a lease contract (hereinafter “the lease contract of this case”) with D setting the lease deposit of KRW 60,00,000 from September 12, 2008 to September 12, 2010 for the lease deposit of KRW 98.78 square meters on the second floor of the building of this case (tentative title 202), and on the same day, entered into a lease contract with D for the lease of KRW 60,00,000 from September 12, 2008 to September 12, 2010. On the same day, the same amount as the lease deposit of this case with regard to KRW 98.78 square meters on the second floor of the building of this case as the lease deposit for lease deposit, and on the ground that it entered into a contract to establish a lease contract with the same period as the lease term for the lease term, the Defendant completed the registration of establishment of the lease of this case as the Housing Site of Suwon District Court No. 93935, September 4939, September 30.

C. After that, on April 25, 2008, the application of the Hyundai Swiss Mutual Savings Bank (hereinafter “MoS Savings Bank”) which completed the registration of the establishment of a neighboring mortgage on April 25, 2008, including the instant building site and buildings and other land owned by D including the building site and buildings, was concluded on March 16, 201, the registration procedure for the auction of real estate was concluded as Suwon District Court, Suwon District Court C in the Housing Site C (hereinafter “instant auction procedure”). Each of the said real estate was sold to H on October 9, 2012.

In the auction procedure of this case, the plaintiff and the defendant are equivalent to each lease deposit (the plaintiff shall be 5,000,000 won, the defendant shall be 60,000,000 won) at the court of execution.

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