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(영문) 광주지방법원 2015.11.05 2015가합1507
배당이의
Text

1. As to the auction case of Gwangju District Court C, D, E, and F (Dual) real estate, the above court prepared on March 4, 2015.

Reasons

1. Basic facts

A. The relationship between the plaintiff and the non-party AS Korea Co., Ltd. 1) The plaintiff is the non-party Nam Young Construction Co., Ltd. (hereinafter "Nam Young Construction").

2) The first floor of the building listed in the separate sheet No. 2 (hereinafter referred to as “the first floor of the instant building”) between the two.

(C) In order to ensure the security of the lease deposit, the land and the building listed in Paragraph (1) and Paragraph (2) of the attached Table (hereinafter “instant land and building”) in the Gwangju District Court No. 90373, Apr. 13, 2009.

As to the maximum debt amount, KRW 1,245,600,00 and the right to collateral security (hereinafter “instant right to collateral security”) with respect to the debtor’s construction.

3) After completing the establishment registration, the Plaintiff’s establishment of the first floor of the instant building is registered and then the Plaintiff’s establishment of the Standing Financial Center branch (hereinafter “instant branch”).

(2) Since then, AS Korea Co., Ltd. (hereinafter “AS Korea”) purchased the instant land and buildings from the Southern Construction on May 31, 201, and completed the registration of ownership transfer on the instant land and buildings under Article 106943 of the receipt of the Gwangju District Court’s receipt on June 2, 2011.

3) Meanwhile, Als.S. Korea accepted the obligation to return the lease deposit under the above lease agreement between the Plaintiff and Nam Young Construction. On July 10, 2012, the Plaintiff filed a registration of change of the right to collateral security (hereinafter “instant lease deposit”) with respect to the obligor of the secured obligation under the instant right to collateral security (hereinafter “instant right to collateral security”) from the Nam Young Construction to Als.S. Korea. On July 12, 2012, 2012, the lease period for the first floor of the instant building between Als. Korea and Als. Korea was from June 2, 2012 to June 1, 2013, and the lease deposit (hereinafter “instant lease deposit”).

B sets forth KRW 1,038,00,000, while applying the highest interest rate for loans in Korean won to the Plaintiff’s bank account in the lease deposit to be returned to the Plaintiff when the lease contract is terminated or terminated.

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