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(영문) 인천지방법원 2015.11.27 2014가단236082
배당이의
Text

1.(a)

With respect to No. 105, 1404, Bupyeong-gu, Incheon, the defendant and C are concluded on September 24, 2013.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the whole purport of the pleadings in each entry in Gap 1 to 5, Gap 9 to 12, Eul 4 and 16 (including partial numbers).

C) On June 26, 2008, the Bank completed the registration of creation of the right to collateral security (hereinafter “right to collateral security”) of KRW 200,000,000 with respect to the real estate as stated in the Disposition No. 1 of this case (hereinafter “the instant real estate”) on the loan from the Industrial Bank of Korea.

B. On December 11, 2013, due to C’s failure to repay the principal and interest of the instant real estate, a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”) was commenced. The Plaintiff acquired the foregoing right to collateral security loans from the Industrial Bank of Korea, and completed the procedure for assignment of claims and the procedure for registration of mortgage under the Asset-Backed Securitization Act.

C. Meanwhile, on September 24, 2013, the Defendant entered into a lease agreement with C to lease the instant real estate by setting the lease deposit amount of KRW 20,00,000, and from September 25, 2013 to September 24, 2015 (hereinafter “instant lease agreement”), and completed the move-in report on September 25, 2013 and received the fixed date, and subsequently, upon the process of the instant auction, filed a report on the right and demand for distribution with the executing court.

On July 31, 2014, a court of execution prepared a distribution schedule stating that KRW 16,00,000,000, out of KRW 281,863,345, which is to be actually distributed to the Defendant, shall be first and second in order to the Defendant, and KRW 116,840,288, which is to be second and second in order to the National Bank of Korea, Co., Ltd., which is to be the right of collateral security, dividends of KRW 148,575,137, which is to be distributed to the Plaintiff as the right of collateral security. The Plaintiff stated an objection against all dividends to the Defendant on the date of distribution, and filed the instant lawsuit on August 6,

2. Judgment as to the main claim

A. The instant lease agreement, which is the cause of the claim, is the instant case.

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