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(영문) 의정부지방법원 2016.07.01 2015가단37900
배당이의
Text

1. A lease contract concluded on February 24, 2014 between the Defendant and C Co., Ltd. on real estate indicated in the separate sheet is concluded.

Reasons

1. Basic facts

A. On December 23, 201, the Plaintiff leased KRW 100 million to C Co., Ltd. (hereinafter “C”) totaling KRW 80 million on January 19, 201. On February 7, 2012, 2012, the Plaintiff was created a right to collateral security (hereinafter “instant right to collateral security”) with respect to real estate listed in the separate sheet owned by C (hereinafter “instant housing”).

B. On February 24, 2014, the Defendant entered into a lease agreement between C and C with the lease deposit amounting to KRW 15,00,000, and the term of lease from March 11, 2014 to March 10, 2016 (hereinafter “the lease agreement of this case”), and the same year.

3. On March 14, 2014, a director had been in the instant housing, and received a fixed date in the instant lease agreement on March 18, 201, after filing a move-in report.

C. Meanwhile, with respect to the instant housing, Naan architectural firm filed an application for a compulsory auction on real estate with the Jungan District Court D, and the National Bank Co., Ltd. filed an application for a compulsory auction on real estate in E, and the said two auction cases were combined.

Of the amount to be distributed actually on October 19, 2015, the above auction court prepared a distribution schedule of KRW 161,200 and KRW 779,740,00 in both deemed to be the corresponding amount of KRW 733,916,448, and KRW 14,000 in each of the Defendant and F, a small-sum lessee, and KRW 686,970,39 in each of the Defendant and F, a small-sum lessee; KRW 686,970,39 in each of the instant dividends of KRW 15,409,384 in the Plaintiff, a mortgagee, and KRW 2,595,725 in each of the dividends of KRW 2,59 (hereinafter referred to as “instant distribution schedule”).

E. Meanwhile, at the time of the instant lease agreement, C had no particular property other than a multi-household with an amount equivalent to KRW 918,000,000,000, including the instant house. However, as small property, the sum of principal and interest as of October 19, 2015, which is the date of preparation of the instant distribution schedule for the secured debt against the National Bank Co., Ltd., Ltd. as of October 19, 2015, is 709,857.

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