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(영문) 대전지방법원천안지원 2020.12.22 2020가단3242
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status D as a party is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the land listed in Paragraph (1) and Paragraph (2) as the building indicated in the separate sheet, and the Plaintiff is the lessee who entered into a lease agreement with D as to the container installed on the ground of the instant land and the instant building, and the lessee who entered into a lease agreement with D as to each of the instant real estate and the Defendant.

B. On August 17, 2017, the Plaintiff entered into a lease agreement between D and D, with a deposit of KRW 33,000,000 and October 31, 2018, with respect to one unit of land container (18 square meters) on the instant land (hereinafter “the instant first lease agreement”).

(2) On November 12, 2018, the Plaintiff entered into a lease contract between D and D with respect to KRW 30,000,000 as to the lease deposit for the land container of this case (18 square meters), between November 15, 2018, and November 15, 2018 (hereinafter “the second lease contract of this case”). The Plaintiff entered into a lease contract between November 12, 2018 and November 11, 2023 with respect to the lease deposit for the land container of this case (18 square meters) (hereinafter “the second lease contract of this case”).

3) On October 30, 2018, between D and D, the Plaintiff entered into a lease agreement with regard to the instant building (the purpose of the building: Child-care Center), which is KRW 750,00,000, and the term of lease from October 30, 2018 to October 29, 2028. (c) D as to the instant land and the land specified in paragraph (3) in the separate sheet, in order to secure the Defendant’s loan obligations on August 18, 2017, as to the instant land and the land specified in paragraph (3) in the separate sheet, with a maximum claim amount of debt amount of KRW 1,380,00,000, the debtor D, and the Defendant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based

2) At the time of July 31, 2017, the Defendant conducted an appraisal on the instant land for the establishment of the right to collateral security as described in the foregoing paragraph (1). There were 2 containers (a solid attachment) on the instant land as of July 31, 2017.

3 The defendant shall file an objection on October 25, 2017.

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