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(영문) 서울중앙지방법원 2015.01.13 2014가단5233988
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 8, 2014 with respect to the Seoul Central District Court C real estate auction case.

Reasons

1. Basic facts

A. On July 25, 2011, the National Bank Co., Ltd. (hereinafter “National Bank”) registered the creation of a mortgage (hereinafter “mortgage”) with respect to the land and its ground (hereinafter “instant real estate”) located in Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which was owned by D (hereinafter “instant real estate”) with respect to a credit for D’s loan (hereinafter “mortgage”), the National Bank of Korea, the maximum debt amount of which was KRW 365 million, and the debtor D’s mortgage (hereinafter “mortgage”).

B.1) On September 26, 2011, Defendant A partially (No. 301, 302, 303, 306, and 307) of the instant real estate was KRW 250 million for the key money for lease on a deposit basis, and from September 26, 2011 to September 26, 2012 (after the end of April 25, 2014).

2) The right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”)

(2) On May 23, 2012, Defendant A entrusted the instant lease on a deposit basis to F (Defendant A’s Saturine) on the trust of the name of the instant lease on a deposit basis.

3) On February 26, 2013, Defendant A terminated a lease agreement on a deposit basis with D on a deposit basis with respect to the portion on which the instant lease on a deposit basis was established and the remainder (i.e., the remainder), namely, the right to lease on a deposit basis, which reduces the deposit amount to KRW 25 million to KRW 301, 302, 306, and 307 (hereinafter “the first registration of change”).

(4) On April 30, 2013, Defendant A terminated the lease agreement with D as to Nos. 301 and 306 among the portion for which the first registration of change was made, and Defendant A made a registration of change of right to lease on a deposit basis (hereinafter referred to as “the second registration of change of right to lease on a deposit basis”) to reduce the lease deposit amount to KRW 115 million for the remainder, i.e., the remainder., 302 and 307.

5) On June 17, 2013, Defendant A terminated the lease contract with respect to No. 302 of the portion for which the second registration of change of the right to lease on a deposit basis was made between D and D on June 17, 2013, and the remainder, i.e., the remainder, which reduces the lease deposit amount to 65 million won (hereinafter “the third registration of change of right to lease on a deposit basis”).

(1) have been made, as the case may be.

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