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(영문) 대전지방법원 천안지원 2017.01.12 2015가단15678
배당이의
Text

1. The document prepared on September 9, 2015 by the said court concerning the case of voluntary auction application for real estate C in the Daejeon District Court Seocheon-gu Seoul District Court.

Reasons

1. Basic facts

A. On March 18, 2013, the Plaintiff entered into a lease agreement with the Defendant on the terms of lease with regard to six accommodation facilities of the D-ground reinforced concrete structure (refinite), concrete branch roof (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant real estate”) from April 30, 2013 to April 29, 2015, lease deposit amounting to KRW 200 million, monthly renting KRW 9,500,00 (after the end of each month), and as a special agreement, the terms of lease are as follows: (i) repair and repair of leisure external walls, signboard repair, corridor and camera repair, PE, TV replacement (13), computer 6, guest rooms and corridor replacement (13), passenger rooms, parking lots, 13 (13), 15,000,000 won and 55,000 won and 55,000 won and 5,000 won and 5,000 won and 5,000 won and more.

(1) The collateral security shall be established at a lessee's own expense at the same time as the balance.

④ Each agreement was made to pay damages for delay calculated at the rate of 30% per month when monthly taxes are in arrears for at least two months.

(hereinafter “instant lease agreement”). B.

The Defendant paid the Plaintiff the instant lease deposit KRW 195,00,000,000 on March 16, 2013, and KRW 10,000 on March 18, 2013, and KRW 75,000,000 on April 10, 2013, and KRW 40,000 on May 2, 2013, 2013, KRW 10,000 on behalf of the Plaintiff, and KRW 5,00,000 on May 222, 2013, KRW 195,00,000 on behalf of the Plaintiff, and KRW 5,000,00 on August 9, 200 on replacement of the Plaintiff.

C. On May 21, 2013, the Plaintiff completed the registration of creation of a mortgage over the instant real estate in which the Defendant, the debtor, and the maximum debt amount are KRW 200 million, in order to secure the right to refund the lease deposit under the terms and conditions stipulated in the instant lease agreement.

On September 9, 2015, the application for auction by a new bank, a first priority mortgage on the instant real estate, is filed to Daejeon District Court C.

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