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(영문) 수원지방법원성남지원 2015.05.21 2015가합200834
배당이의
Text

1. Each of the plaintiffs' lawsuits against Defendant KF real estate trust companies is dismissed.

2. The Suwon District Court.

Reasons

1. Basic facts

A. On September 3, 2010, Plaintiff B borrowed 660,000,000 won from Han Bank Co., Ltd. (hereinafter “I Bank”) at the highest rate of 19% per annum (17% per annum if the delay period is less than three months, and 19% per annum if the delay period is not less than three months, and 3 months or more) (hereinafter “the instant loan”). Plaintiff B borrowed 660,000,000 from Han Bank on the same day to secure the said debt (hereinafter “the instant loan”). Plaintiff B borrowed 1 list as its own owner

1. As to the indicated land (hereinafter “instant land”), the registration of creation of the right to collateral security made by the Plaintiff B with the maximum debt amount of KRW 792,00,000, and the obligor’s establishment of the right to collateral security made by the Plaintiff B.

B. On March 21, 2012, on the instant land, the registration of ownership transfer based on the trust was completed on the same day on the same day in the future, Defendant KF Real Estate Trust Co., Ltd. (hereinafter “KF Trust”).

C. Defendant C’s list on July 9, 2012

2. Of the instant building, from G, the owner of the indicated building (hereinafter “instant building”), the Plaintiff leased KRW 201,00,000 to KRW 170,00,00, the lease term was agreed to receive the leased portion by August 7, 2012, and the lease term was from the delivery date to August 6, 2014. Around that time, the leased portion was transferred to the owner of the instant building and obtained a fixed date date along with the move-in report on August 7, 2012.

With respect to the instant building, on November 21, 2012, the registration of ownership transfer was made on November 20, 2012 in the name of the Plaintiff A Co., Ltd. (hereinafter “A”) from G on November 21, 2012.

E. On February 3, 2013, Defendant D leased KRW 202 from the Plaintiff to KRW 195,00,000 among the instant building, and agreed to receive the leased portion until March 31, 2013, and the lease term was March 30, 2015 from the delivery date. Around that time, Defendant D received the leased portion and received the fixed date along with the move-in report on March 29, 2013.

F. As to the instant building, the maximum debt amount of KRW 792,00,000 on June 27, 2013, and the debtor B and the mortgagee bank, as to the instant building.

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