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(영문) 인천지방법원 2015.10.21 2015가단24576
배당이의
Text

1. A lease contract concluded on July 29, 2014 with regard to the attached real estate indicated in the attached Form B between the Defendant and B is KRW 10,334,68.

Reasons

1. Basic facts

A. On December 14, 2010, Nonparty B obtained a loan from the Plaintiff as collateral for the real estate indicated in the order of its ownership (hereinafter “the instant building”), Nonparty B completed the registration of creation of a mortgage over the first priority of the maximum debt amount of KRW 192 million in the future regarding the said building.

B. On July 29, 2014, B entered into a lease agreement with the Defendant (Korean national Chinese national) on a deposit of KRW 25 million with respect to the instant building (pre-paid area of KRW 114.1 square meters), the lease period of KRW 25 million from August 8, 2014, and the lease period of KRW 25 million from August 8, 2014, and the Defendant completed the domestic domicile report and the fixed date thereof on August 8, 2014.

C. B had already been in arrears with the loan interest as set forth below at the time of the above lease, and the mortgagee 2, as set forth below, applied for voluntary auction of the instant building on September 5, 2014 (the claimed amount of KRW 25 million, this court C; the Plaintiff as of October 21 of the same year).

On April 27, 2015, the execution court distributed the Defendant, who applied for a demand for distribution as a small lessee on the date of distribution, the highest repayment amount of KRW 22 million, and KRW 160,039,155 (the amount of demand for distribution plus interest of KRW 12,265,438, plus interest of KRW 12,265,43,843) to the Plaintiff.

On the date of establishment of the exclusive real right, 158,108,108,405 won 211-05-06 Won 25,000 won 313-10-25 provisional seizure 413-10-25 on the south-gu Incheon Metropolitan City seized 413-10-25 provisional seizure 65,871, 178 won 248,979,583 won (excluding US amount)

E. Prior to the above lease, the details of various limited real rights or provisional seizure on the register regarding the building of this case have exceeded the market price (230 million won) of the building above as shown in the table below, and the property owned by B that can be subject to compulsory execution except the above building is not confirmed.

[Reasons for Recognition: Evidence No. 1 to 4, Evidence No. 1 (Partial Certificate. .)

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