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(영문) 인천지방법원 부천지원 2017.01.19 2016가단101213
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The title relationship of the instant real estate C is as follows: (a) the real estate listed in the separate sheet on April 30, 2013 (hereinafter “instant real estate”).

A) The registration of ownership transfer was completed with respect to the foregoing real estate as of the same day, and the loan was made by setting the loan amount of KRW 336,00,000, the loan period of KRW 10 years (120 months) and interest rate of KRW 3.8% per annum from the new bank on the same day. In order to secure the above loan obligation, the registration of ownership transfer was completed with respect to the said real estate with the creditor’s new bank, the maximum debt amount of KRW 403,200,00 (hereinafter

(2) On September 12, 2013, the Plaintiff acquired the above loan claims from the new bank on September 12, 2013, and completed the additional registration of the transfer of the right to collateral security on January 7, 2014, with respect to the instant real estate, the Plaintiff completed the additional registration of the transfer of the right to collateral security. 2) On March 10, 2014, the seizure registration of Kimpo-si on June 9, 2014, the seizure registration by the National Health Insurance Corporation on June 16, 2014, the provisional attachment registration by Samsung Card Co., Ltd. on July 16, 2014, the provisional attachment registration by the new card Co., Ltd. on July 25, 2014, the provisional attachment registration by the sports credit guarantee foundation on September 26, 2014, and the provisional attachment registration by KRW 15,000,000, respectively.

B. On July 20, 2014, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with D Licensed Real Estate Agent E by setting the lease deposit amount of KRW 26,00,000 with respect to the instant real estate between D Licensed Real Estate Agent E, and the lease term from August 5, 2014 to August 5, 2016, and completed the move-in report for resident registration and the fixed date on August 5, 2014.

C. On October 30, 2014, the Plaintiff filed an application for voluntary auction on the instant real estate based on the instant collateral security on October 30, 2014, and rendered a decision to voluntarily commence auction on November 13, 2014 (hereinafter “instant auction procedure”). The Plaintiff rendered a decision to voluntarily commence auction on November 13, 2014 (hereinafter “instant auction procedure”).

(2) The Defendant is the lessee of the instant real estate in the auction procedure.

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