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(영문) 인천지방법원 2019.12.05 2018나62181
배당이의
Text

1. The part against Defendant C in the judgment of the first instance shall be revoked.

2. The F real estate auction case of the Incheon District Court.

Reasons

1. The judgment of the first instance court on the scope of adjudication accepted the Plaintiff’s claim against the co-defendant B, and dismissed the Defendants’ claim against the co-defendant B and the co-defendant E of the first instance court.

As the plaintiff appealed only to the part of the claim against the defendants, the part of the claim against the co-defendant B and E in the judgment of the court of first instance was separated and finalized.

Therefore, the scope of this court's adjudication is limited to the plaintiff's claims against the defendants.

2. Basic facts

A. The Plaintiff, on June 3, 2013, established a right to lease on a deposit basis with respect to the real estate listed in paragraph (1) of the attached Table No. G (hereinafter “instant land”) and the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) and the 2nd and 5nd and fifth floors as to which the right to lease on a deposit basis was established.

(The key money for lease on a deposit basis was changed to KRW 348 million on February 17, 2014, and changed to KRW 318 billion on May 29, 2015.

(1) On March 9, 2015, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with the term of lease deposit of KRW 25 million from G, and the term of lease from March 9, 2015 to March 9, 2017. Defendant C completed the move-in report of the instant building I on August 25, 2016, and obtained a fixed date on the same day lease agreement. (2) Defendant D entered into a lease agreement (hereinafter “instant lease agreement”) with the term of lease deposit of KRW 25 million from G on June 8, 2016, with the term of lease of KRW 25 million from June 24, 2016.

Defendant D completed a move-in report under the Building J on June 8, 2016, and obtained a fixed date in the lease contract on the same day.

C. The auction procedure and dividend 1) G died on August 22, 2016, and on October 13, 2016, upon the application of L Co., Ltd. (hereinafter “L”) (hereinafter “instant auction procedure”). The auction procedure for the instant land and building would be the procedure for the auction for real estate (hereinafter “instant auction procedure”).

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