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(영문) 서울중앙지방법원 2015.04.02 2013가단273595
배당이의
Text

1. The Seoul Central District Court Decision B, C, and D (Dual) drafted on October 8, 2013 with respect to the voluntary auction of real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease contract with the owner F on May 31, 2005 with respect to the housing unit Nos. 4 of Gangnam-gu Seoul and 2 lots of land (hereinafter “instant building”) and had resided in the said housing after obtaining the fixed date on August 2, 2005.

B. On September 17, 2010, New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) concluded a loan agreement with a lessorF and set up a collateral security worth of KRW 871,00,000 on November 17, 209 with respect to the instant building.

C. On October 8, 2013, Seoul Central District Court B, C, and D (Dual) commenced with respect to the instant building, etc., the distribution schedule was formulated that KRW 5,00,000 was distributed to the Plaintiff, and that KRW 556,217,747 was distributed to the Savings Bank based on the said right to collateral security.

On the date of the above distribution, the Plaintiff raised an objection against KRW 35,00,000 among the amount distributed by the Defendant, and filed the instant lawsuit.

2. The parties' assertion

A. The Plaintiff’s assertion entered into a lease contract with F on May 31, 2005 with the Plaintiff as KRW 35 million, and received a move-in report and a fixed date. On August 31, 2010, the Plaintiff paid the increased deposit amount of KRW 5 million in addition, the Plaintiff’s claim for the lease amount is the total amount of KRW 40 million, and the small amount lessee with preferential payment right is the Defendant.

B. On September 2, 2009, before the Defendant’s assertion on the instant building, etc. created a collateral and carried out a loan, the Plaintiff’s deposit for lease was confirmed to have been KRW 5 million, and monthly rent was 300,000,000. On November 16, 2009, the terms of the lease contract was confirmed to have been KRW 500,000,000,000,000,000,000,000,000 won.

In light of such contents, the Plaintiff’s lease guarantee amount is five million won.

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