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(영문) 서울남부지방법원 2015.09.21 2015가합101468
배당이의
Text

1. Of the distribution schedule prepared on January 30, 2015 by the above court with respect to AH real estate auction case at the Seoul Southern District Court AH District Court.

Reasons

1. Basic facts

A. In around 2009, the AI purchased each borrowed money from AJ and the Bank of Korea (hereinafter “instant land”) from the Plaintiff, the Plaintiff, and newly constructed AL building (hereinafter “instant building”) which is a four-story neighborhood living facility on the ground. On August 7, 2009, in order to guarantee AJ’s loan obligation, the registration of the transfer of ownership in the name of the Plaintiff as to the instant land on February 4, 2010, and the registration of the preservation of ownership in the name of the Plaintiff as to the instant building on February 4, 2010, in order to secure the loan obligation to the Bank of Korea, the registration of the establishment of a mortgage was completed with respect to the instant land and building as a maximum claim amount of 1,000,000,000,000 won, the debtor, and the debtor, and the Korean Bank of Korea.

B. The remaining Defendants except Defendant AC (hereinafter referred to as “Bmer Defendants”) concluded each lease agreement with AI and the Plaintiff, representing the Plaintiff on each corresponding date listed in the “contract Date” column in the attached list of the instant building, setting the lease deposit amount and the difference between the Plaintiff and AI and the Plaintiff on each corresponding date as indicated in the attached list of the instant building, respectively, as indicated in the “Deposit Deposit” column and “Lease” column in the attached list.

(A) On January 29, 2010, Defendant O entered into a lease contract with KRW 20,000,000 per month of lease deposit, and KRW 350,000 per month of rent. On February 17, 2011, DefendantO changed the contract to increase the lease deposit to KRW 60,000,000 and not pay rent.

On December 6, 2013, Korea District Court AH, which is a collateral security right holder, started the voluntary auction procedure on the instant land and building (hereinafter “instant auction procedure”), and on December 23, 2014, CPP Co., Ltd sold the instant land and building, and completed the registration of ownership transfer in its name on December 29, 2014.

In the auction procedure of this case, the execution court of this case.

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