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(영문) 인천지방법원부천지원 2015.10.07 2014가단45449
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. B B and the Defendant, as of November 22, 2013, Seocheon-gu Seoul Special Metropolitan City C.

Reasons

1. Basic facts

A. On November 30, 201, the Industrial Bank of Korea: (a) registered the establishment of a mortgage over the maximum debt amount of KRW 420,000,000 with respect to the real estate stated in the conjunctive claim (hereinafter “instant real estate”) owned by B; and (b) lent money to B around that time.

B. On November 22, 2013, the Defendant entered into a contract to lease the instant real estate from B with a deposit of KRW 26,000,000 (hereinafter “instant lease contract”). On December 5, 2013, the Defendant entered into a move-in report with a fixed date on the instant real estate after obtaining a lease agreement from B.

C. On December 31, 2013, the Incheon District Court rendered a voluntary decision to commence the auction on the instant real estate as the Busan District Court BranchF, and the decision to commence compulsory auction was rendered on January 13, 2014 by the above court G (Duals). On February 12, 2014, the Defendant rendered a demand for distribution of KRW 26,00,000 in the said voluntary auction procedure.

On March 4, 2014, the Industrial Bank of Korea concluded a contract on the transfer of loan claims against A, credit card payment claims, and collateral-mortgage pursuant to the registration of establishment of mortgage around November 30, 201. The Industrial Bank of Korea, Korea, EF&A, and the Plaintiff transferred the status of transferee to the Plaintiff on March 27, 2014, and the Industrial Bank of Korea notified B of the transfer of assignment to the Plaintiff on March 28, 2014. Meanwhile, on March 12, 2014, the Plaintiff registered the securitization plan on the above credit and collateral-mortgage with the Financial Supervisory Service on March 12, 2014.

E. On November 4, 2014, the said court prepared the instant distribution schedule with the content that the Defendant distributes KRW 22,00,000 to the Defendant and KRW 381,075,190 to the Plaintiff, respectively, during the said voluntary auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion is the most lessee, and even if it is not so, the lease contract of this case was concluded for the purpose of recovering the claim.

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