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(영문) 수원지방법원 2015.06.03 2014나36754
배당이의
Text

1. Part concerning the Korea Technology Credit Guarantee Fund among judgment of the first instance court, and the Korea Student Aid Foundation.

Reasons

1. Facts of recognition;

A. D and wife asked E to lend the name of the lessee of the lease agreement to the F (G after the opening of the name), and on August 12, 2006, F entered into a lease agreement with the following terms: (a) around 30,000,000 lease deposit (hereinafter “lease deposit”); (b) around September 13, 2006, to lease each of the lease agreements (hereinafter “the previous lease agreement”).

B. D and E paid 30,000,000 won to H via F until September 13, 2006, after completing a move-in report on the instant house on the same day, and reside in the said house. On the other hand, F completed the move-in report on the instant house on the 14th day of the same month, but did not actually reside.

C. D and E entered into a lease agreement with H about the instant housing at around November 2007, wherein F had the address relocated, around that time, under the name of E and agreed to substitute for the payment of the said lease deposit with the instant lease deposit, while entering into a lease agreement with H as to the instant housing at KRW 30,000,000.

On the other hand, D, around March 4, 2010, entered into a lease agreement with H on the instant housing in its name with the content that the lease deposit shall be KRW 30,00,000, but the said lease deposit shall be paid in lieu of the said lease deposit. However, considering the term of the previous lease agreement in this case, the lease agreement was entered into on September 13, 2010 and the term of the lease was entered from September 13, 2010 to 24 months.

E. On March 4, 2010, the Plaintiff completed a move-in report on the instant house and received a fixed date on the same day.

F. After October 2012, Defendant B, a creditor of H, filed an application for compulsory auction as Suwon District Court C with respect to the instant housing around October 2012.

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