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(영문) 대구지방법원 2013.04.12 2012가합8172
배당이의
Text

1. The Daegu District Court H [I, J, K (Dual)] prepared on August 7, 2012 by the said court with respect to the auction of real estate.

Reasons

1. Basic facts

A. On June 30, 201, the Plaintiff and L Co., Ltd. (hereinafter “L”) concluded a lease agreement, etc. on the instant building of the Plaintiff and L Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) shall be limited to the Plaintiff Co., Ltd.

2) The building of “O hotel” on the ground and the 7th floor above the ground of the land owned by the Plaintiff and the Daegu Suwon-gu N, and the building owned by the Plaintiff (hereinafter “instant building”).

(C) A lease agreement with respect to the lease deposit amount of KRW 3.5 billion and the term of lease from July 31, 201 to July 31, 2021 (hereinafter “instant lease agreement”).

(2) At the time of the conclusion of the instant lease agreement, the Plaintiff and L agreed to actively cooperate with the Plaintiff when sub-leaseing the instant building, and agreed to set up a collateral security (right to lease on a deposit basis, construction cost to be borne by the present and future during the lease term, and other investment cost, etc. in relation to the instant building in order to secure the foregoing lease deposit, L with a view to establishing a collateral security (right to lease on a deposit basis with a maximum amount of 3.5 billion won)

3) As to the part other than the second floor of the instant building, L is for the registration of establishment of chonsegwon (hereinafter “instant chonsegwon”) or the registration of establishment of chonsegwon (hereinafter “instant chonsegwon”) from July 30, 201 to July 29, 2021 by the court No. 32352, Jul. 4, 2011, as to the part other than the second floor of the instant building.

(2) As to the instant building, the lower court’s registration of creation of mortgage between the Plaintiff and the mortgagee of the instant building as to July 4, 201 and the lower court’s receipt of the maximum debt amount of KRW 1.5 billion, the mortgagee of the right to collateral security, and the lower court’s receipt of the maximum debt amount of KRW 2.844 billion, the lower court’s registration of creation of mortgage between the mortgagee and the mortgagee of the right to collateral security (hereinafter “instant registration of creation of mortgage”) or “the first and second collateral security rights” of the instant case.

(B) Each of the Defendants completed the registration of the establishment of a neighboring mortgage on the instant building. (1) Defendant Nrus Investment Securities Co., Ltd. (hereinafter “Defendant Nrus Investment Securities”) Co., Ltd. (hereinafter “Defendant Nrus Investment Securities”)

The Plaintiff and the first floor of the instant building on July 31, 2008.

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