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(영문) 수원지방법원안산지원 2014.03.18 2013가단34754
배당이의
Text

1. The lease agreement entered into on August 13, 2012 between the Defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. On July 29, 201, the Plaintiff loaned KRW 246,00,00 to B at an annual interest rate of KRW 8.5% (payment every 15th day of each month) and KRW 20.5% per annum, with respect to the real estate listed in the separate sheet owned by B (hereinafter “the apartment of this case”) from the Suwon District Court, as the registration office for Ansan Branch of the Seoul District Court was established with respect to the real estate owned by B (hereinafter “the apartment of this case”) on July 27, 2011 as the maximum debt amount of KRW 319,80,000,000, and the Plaintiff began to delay from the interest on March 2012.

B. Since July 9, 2012, on the instant apartment, a provisional attachment registration was made for the creditor's Gyeonggi Credit Guarantee Foundation, the claim amount of 10,161,081.

C. On December 21, 2012, upon the Plaintiff’s application, the auction procedure was commenced regarding the instant apartment as Suwon District Court’s Ansan Branch C, and in the above auction procedure, the Defendant entered into a lease agreement with B, setting the lease deposit amount of KRW 27,00,000 with respect to the instant apartment between B and B, and the term of lease from August 29, 2012 to August 28, 2014 (hereinafter “instant lease agreement”). On August 29, 2012, the Defendant filed a report on the right to claim the return of the lease deposit and demand the distribution of the claim for the return of the small amount of lease deposit, alleging that it is a lessee who has filed a move-in report on the instant apartment on August 29, 2012. At the time of the instant lease agreement, B was in excess of the obligation.

In the above auction procedure, the apartment house of this case was sold at KRW 216,60,00 (the actual amount to be distributed to KRW 213,486,809). On September 25, 2013, the above court prepared a distribution schedule to distribute the amount of KRW 22,00,00 to the Plaintiff on the first priority (the smallest amount) to the Plaintiff on September 25, 2013, KRW 281,720 to the Siriririsi to the second priority (the pertinent tax by the holder of the right to deliver), and the amount of KRW 191,205,089 to the Plaintiff (hereinafter referred to as the “instant distribution schedule”). The Plaintiff appeared on the date of the above distribution, stated an objection against the amount of dividends to the Defendant, and filed the instant lawsuit on October 2, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and 4 evidence 1 to 6.

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