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(영문) 인천지방법원 2018.03.21 2017가단232241
배당이의
Text

1. Defendant of the distribution schedule prepared on July 27, 2017 by the said court with respect to the case of the voluntary auction of real estate C of the Incheon District Court.

Reasons

1. Facts of recognition;

A. As to subparagraph 173 of the first floor of the building Bupyeong-gu Incheon Metropolitan Government, which was owned by D to secure D’s claim, the National Bank completed the registration of creation of a mortgage on July 9, 2015 with respect to subparagraph 253,200,000 won with respect to subparagraph 174 of the said building, the maximum debt amount on July 9, 2015, as to subparagraph 253,200,000 won with respect to subparagraph 174 of the said building, and the registration of creation of a mortgage on August 4, 2015 with respect to subparagraph 175 of the said building with respect to subparagraph 175 of the first floor of the building.

(hereinafter referred to as "each real estate of this case" shall be collectively referred to as "each real estate of this case", and when an individual real estate is referred to, "real estate of this case" shall be referred to as "real estate of this case" according to each subparagraph.

On December 10, 2015, Defendant A entered into a lease agreement with F, the former owner, on the instant real estate No. 175, stating that the lease deposit of KRW 15,00,000, monthly rent of KRW 300,000, and the lease term of KRW 10,000 from October 10, 2015 to December 10, 2016 (hereinafter “lease Agreement”) and accordingly, Defendant A paid F KRW 15,00,000,000 after completing business registration on December 15, 2015, and obtained a fixed date under the same lease agreement.

C. As to the instant real estate No. 173 as of November 13, 2015, Defendant B prepared a lease agreement with D, which is comprised of KRW 10,00,000, KRW 330,000 per month of rent, and KRW 330,000 from November 21, 2015 to November 20, 2016, and lessee’s “BG” as of November 20, 2016, and obtained a fixed date on March 29, 2016. As of April 4, 2016, Defendant B drafted a lease agreement with D as of November 20, 200, KRW 330,000 per month of rent, and KRW 330,000 from November 21, 2015 to November 20, 2016, and subsequently newly obtained a fixed date of lease as of April 20, 2016.

On the other hand, G Co., Ltd. completed business registration on December 11, 2015 on the location of the instant real estate No. 173.

On November 29, 2016, the National Bank Co., Ltd. claims against D on November 29, 2016.

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