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(영문) 수원지방법원안산지원 2016.03.11 2015가단107595
배당이의
Text

1. A lease contract concluded on November 7, 2013 between the Defendant and B on real estate indicated in the separate sheet between the Defendant and B is 11,926.

Reasons

1. Facts of recognition;

A. On June 17, 2011, the Industrial Bank of Korea extended loans of KRW 30 (30 years until June 17, 2041) to B, 5.45% per annum if the loan period does not exceed three months, and KRW 166,00,000 per annum if the overdue interest rate does not exceed three months, and KRW 17% per annum if the overdue interest rate exceeds eight months. On the same day, the Industrial Bank of Korea completed the registration of creation of a mortgage over the apartment of this case as to the maximum debt amount of KRW 199,200,000.

B. On October 26, 201, the transfer savings bank concluded a mortgage contract with B on October 26, 201, which constitutes a maximum debt amount of 33,800,000, and completed the establishment registration of a neighboring apartment in the same month.

In addition, around October 2013, the new card company filed an application for provisional seizure against B with Suwon District Court Branch of 2013Kadan100084, and the court rendered a ruling of acceptance on the 30th of the same month. On the same day, the new card company completed provisional seizure registration on the ground of claim amounting to 24,195,179 regarding the apartment of this case.

C. On July 19, 201, the Plaintiff received a loan claim against B from the Industrial Bank of Korea, and registered with the Financial Services Commission in accordance with the mortgage securitization plan. On April 9, 2012, the Plaintiff completed the registration of transfer of the establishment of a neighboring mortgage on the instant apartment as stated in the foregoing paragraph (a) (hereinafter “mortgage”).

Around November 7, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with B, the Defendant, setting the lease deposit amount of KRW 25,000,000 from B, and the lease period of the instant apartment from November 15, 2013 to November 14, 2015.

On November 8, 2013, the Defendant obtained a fixed date in the instant lease agreement, and simultaneously made a move-in report on the 20th of the same month, and had resided in the instant apartment from that time.

E. On June 26, 2014, EF Savings Bank applied for a voluntary auction of real estate to Suwon District Court A, based on the right to collateral security as stated in the foregoing B B, and on the following day, the said voluntary auction procedure is below.

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