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(영문) 대구지방법원 서부지원 2018.01.10 2017가단6089
배당금출급청구권의양도등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 13, 2001, the Plaintiff loaned 3.993 billion won as rental housing construction funds to the Geumcheon General Construction Co., Ltd. (hereinafter “Seoul Metropolitan Construction”), and completed the registration of the establishment of a neighboring building on the establishment of a neighboring building, as security for the loan claims, for the old-gun C apartment 101 Dong, 102 Dong, and 103 Dong building (hereinafter “instant building”).

B. Meanwhile, on June 15, 2006, Defendant A leased 102, 603, 102, and 22,2,000,000 won and 75,000 won from the building of this case, and occupied them on July 30, 2010, Defendant A applied for the order of lease registration on September 28, 2010 under the premise that he/she had obtained the move-in report and the fixed date, and completed the lease registration on September 28, 2010, under the premise that he/she applied for the order of lease registration to the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch of Seogu District Court (2010Kaga18, 200, the Defendant B leased 103, 312,500,000,000 won among the building of this case, and applied for the said order of lease registration on June 30, 2005 and completed the said order of lease registration on May 28, 20015.

C. Since then, in the event that the Geumcheon-do Comprehensive Construction did not pay the principal and interest of loan to the Plaintiff, upon the Plaintiff’s application, the Daegu District Court D branched the Daegu District Court Branch D, which made the sale of real estate auction procedure for some households, including 102, 603, and 103, and 312, among the instant buildings owned by the Jung-do Comprehensive Construction (hereinafter “instant auction procedure”). On November 2, 2012, the court prepared a distribution schedule with a lessee under 102, 60,000,000 won among the amount to be distributed on November 2, 2012, the date of distribution of the instant auction procedure, to the Defendant A, who is a lessee under 102, 103, 103, and 312, to distribute each amount of KRW 5 million (hereinafter “instant distribution schedule”), and thereafter, as shown in the attached list.

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