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(영문) 의정부지방법원 2014.11.25 2014가단22635
배당이의
Text

1. A lease contract concluded on June 18, 2013 between the Defendant and Nonparty B on the building indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 26, 2008, the Plaintiff entered into a credit guarantee agreement with Nonparty B, and then, upon receiving a loan of KRW 20,000,000 from the NAC branch, the Plaintiff provided a credit guarantee of KRW 20,000,000 with the guaranteed principal in the future of the NAC branch.

B. On April 11, 2013, the Plaintiff subrogated for KRW 17,005,775 to the Nonghyup Bank, according to the Nonghyup Bank’s demand for the payment of deposit due to overdue loans under B.

The amount of the Plaintiff’s claim for reimbursement against B as of May 29, 2014 is 19,592,444 won in total.

C. B, as of June 18, 2013, only 3/7 shares of the building listed in the separate sheet (hereinafter “the instant apartment”). At the time, the instant apartment was registered as a provisional attachment (the claimed amount of KRW 45,250,000), the Plaintiff’s provisional attachment (the claimed amount of KRW 17,000,000), and the right to collateral security (the maximum claim amount of KRW 91,00,000) of the Taesung Credit Cooperative (the maximum claim amount of KRW 91,00,000) of the instant apartment.

On the other hand, the wife D (Death on December 6, 2012) purchased the apartment of this case in KRW 112,250,000 on May 30, 2007.

B on June 18, 2013, part of the instant apartment was leased to the Defendant with a deposit of KRW 15,00,000, KRW 300,000 per month, and the period from June 18, 2013 to June 18, 2014.

(hereinafter “instant lease agreement”). E.

On October 28, 2013, the Defendant demanded the distribution based on the instant lease agreement in the voluntary auction procedure for the instant apartment on October 28, 2013. In the above auction procedure, the court of execution prepared a distribution schedule that distributes the amount of KRW 12,00,000 to the Defendant as a small lessee.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 9 and 16, and the purport of the whole pleadings

2. The first priority repayment right under Article 8 of the Housing Lease Protection Act to determine the cause of the claim is given a kind of statutory security right that can be paid in preference to the claims secured by a mortgage against the leased house, taxes, etc.

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