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(영문) 인천지방법원 2015.04.08 2014가단235034
배당이의
Text

1. A real estate lease agreement concluded on June 27, 2013 between the Defendant and B on the attached list.

Reasons

1. Basic facts

A. On May 20, 201, Nonparty B borrowed KRW 150 million from the Plaintiff on the part of May 20, 201, with respect to the real estate indicated on its owner’s order (hereinafter “instant building”) to secure this, Nonparty B completed the registration of establishment of a first priority class of KRW 195 million around the Plaintiff’s maximum debt amount.

B. Thereafter, on May 23, 2013, B was executed by the Incheon Credit Guarantee Foundation for provisional seizure of approximately KRW 14 million of the claimed amount against the instant building from the Incheon Credit Guarantee Foundation, and the same year for which the monthly amount has passed thereafter.

6. On July 8, 201, between the Defendant and the Defendant, a lease contract of KRW 27 million (2 million on the day, and the remaining KRW 25 million on the day, and each payment on July 8, 2013 on the scheduled date of occupancy) was concluded between the Defendant and the Defendant. Accordingly, the Defendant completed the move-in report and the fixed date based on the lease following the said day under the status of paying the down payment of KRW 2 million on the said day.

C. B, around June 24, 2013, around the time of the above lease, discontinued the repayment of the interest during the loan, and the same year.

8. 24. The time limit has been lost, while Hyundai Capital Bank Co., Ltd. and the KCAB credit card shall also be the creditors of the same year.

7.3.; and

9.4. The enforcement of provisional seizure was commenced respectively.

(D) On October 25, 2014, the Plaintiff filed an application for voluntary auction (this Court C) with respect to the instant building on October 4 of the same year. On July 25, 2014, the execution court distributed the Defendant, who applied for a demand for distribution as a small lessee, the highest repayment amount of KRW 22 million to the Plaintiff, and KRW 94,076,552 to the Plaintiff. E. At the time of the conclusion of the said lease, B bears the above loans to the Plaintiff, KRW 150,000,000,000,000 to the said provisional attachment creditors, while on the other hand, it is not confirmed that any property available for compulsory execution except for the instant building (as of November 8, 2013: 150,000,000 won):

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