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(영문) 의정부지방법원 2017.03.03 2016가단111720
배당이의
Text

1. The lease contract concluded on August 24, 2015 between the Defendant and C is 17,786.

Reasons

1. The facts following the facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence of 1 to 13, Eul evidence of 1 to 4 (including each number), together with the purport of the whole pleadings:

C: (1) On October 15, 2007, the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) was completed on October 15, 2007; (2) on October 15, 2007, the registration of the establishment of a neighboring mortgage, which is the registration of the establishment of a mortgage, is changed to the NongHyup Bank Co., Ltd.; (3) on November 26, 2014, the registration of the establishment of a neighboring mortgage, which is the registration of the establishment of a mortgage, is completed.

B. The Plaintiff supplied C with goods equivalent to KRW 194,892,280 between February 2, 2015 and May 2015, but received KRW 96,931,640 from C from June 30, 2015 to receive KRW 97,960,640.

C. (1) On June 28, 2015, the Defendant and F entered into a sales contract with C with regard to the instant real estate (hereinafter “instant sales contract”) by stipulating that the purchase price of the instant real estate is KRW 280 million on the date of the contract, the remainder of KRW 252 million on August 31, 2015, and that the purchase price of the instant real estate is KRW 280 million on the date of the contract, and the remainder of KRW 252 million on the date of the contract.

(2) The Defendant and F paid the down payment of KRW 28 million on the date of conclusion of the instant sales contract.

(3) C paid KRW 28 million to the Plaintiff and partly repaid the Plaintiff’s obligation to pay the price for the goods.

(4) The Plaintiff applied for provisional attachment of the instant real estate as Suwon District Court 2015Kadan3423, and the registration of provisional attachment of real estate was completed on July 20, 2015, which was the claim amounting to 97,960,640.

(5) On August 24, 2015, the Defendant converted the instant real estate into the leased object, and the down payment into the lease deposit. The monthly rent is KRW 620,000,000, and the instant real estate is leased from C.

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