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(영문) 인천지방법원부천지원 2015.01.28 2014가단34746
배당이의
Text

1. The lease contract concluded on September 16, 2013 between the Defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. On October 25, 2012, our Financial Savings Bank (hereinafter “Korea Financial Savings Bank”) made a registration of establishment of mortgage (hereinafter “instant mortgage registration”) with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) on October 25, 2012, KRW 160,80,000 with respect to the maximum debt amount, and KRW 20,000 with respect to the registration of establishment of mortgage (hereinafter “instant real estate”). On November 28, 2013, the Plaintiff filed a registration of establishment of mortgage on November 29, 2013.

B. From September 16, 2013, the Defendant: (a) leased the instant real estate from B, the deposit amount of KRW 22,00,000,00, and the period from September 17, 2013 to September 16, 2015 (hereinafter “instant lease agreement”); (b) paid KRW 2,00,000 on September 16, 2013; and (c) paid KRW 20,000,000 on September 16, 2013; and (d) completed the move-in report on the same day and resided in the instant real estate.

C. On October 23, 2013, the Korea Finance Savings Bank applied for a voluntary auction of the instant real estate to the Busan District Court Branch Branch Branch C, and the decision to commence auction was rendered on October 23, 2013. The appraised value of the instant real estate was KRW 150,000,000. Upon the sale of the instant real estate, the auction court distributed KRW 19,00,000 to the Defendant as a small lessee and prepared a distribution schedule (hereinafter “instant distribution schedule”).

On the other hand, Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) provisionally seized the instant real estate at KRW 4,961,568 on September 6, 2013, with the claim amounting to KRW 4,961,568. On August 7, 2013, the Korea Financial Savings Bank notified B of the loss of benefit and the scheduled commencement of legal procedures. On September 4, 2013, B filed an application for individual rehabilitation with the Incheon District Court 2013da93122 on July 30, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 5 through 7, Eul evidence 1, 3 through 5 (including each number)

2. Determination

(a) the establishment of a fraudulent act;

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