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(영문) 인천지방법원 2015.09.24 2014나56201
배당이의
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. In order to secure a loan claim against E on September 9, 201, the Plaintiffs were established by E as to F building owned by it (hereinafter “instant building”) A, the maximum debt amount of KRW 420 million, as to the F building A, Nam-gu Incheon Metropolitan City (hereinafter “instant building”).

E sold the studio of this case to G on April 23, 2012 and completed the registration of ownership transfer on April 24, 2012.

B. On August 20, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with G, and made a move-in report to A-dong 302 (hereinafter “instant studio”) of the instant building on August 22, 2012, and received a fixed date on the same day.

Part to be leased: The term of the entire lease deposit for the residential portion of 302-4 on the registration deposit: 22 million won (payment at the time of a contract deposit of 3 million won and payment at the time of a contract deposit, the balance of 19 million won shall be paid on August 22, 2012): Special agreement from August 22, 2012 to August 21, 2014;

1. No 302 is divided into three units (304, 305, 306) for a single independent household or for rent, and this Agreement is a contract of heading 304.

4. A contract in a state under which the debtor is set in the amount of KRW 75,140,000, the amount of the maximum debt amount of the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

C. On September 6, 2012, the remaining Saemaul Bank of Korea filed an application for a voluntary auction of the instant room with D in this court on September 6, 2012, and this court prepared a distribution schedule with the content that dividends of KRW 22,00,00 to the Defendant, who demanded the Defendant to be a lessee of small amount among the amount to be distributed on August 26, 2013, KRW 116,528,697, and KRW 22,00,000 in the first order, and KRW 61,714,730 to the applicant creditor (mortgage-mortgage-mortgage-mortgage-mortgage), and KRW 32,813,967 to the Plaintiffs of the right to collateral security.

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