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(영문) 인천지방법원 2018.03.14 2017가단237086
배당이의
Text

1. On December 2, 2015, a real estate lease agreement entered into between the Defendant and B is concluded.

Reasons

1. Facts of recognition;

A. On May 4, 201, the Industrial Bank of Korea extended a loan of KRW 99,00,000 per annum to B with interest rate of KRW 5.2%, and until May 4, 2021, the overdue interest rate of KRW 15% per annum or KRW 17% per annum. In order to secure the above loan obligations, the Industrial Bank of Korea established a maximum debt amount of KRW 118,80,000, the debtor and the Industrial Bank of Korea (hereinafter “instant apartment”) with respect to the real estate listed in the Attachment B owned on May 4, 2011 (hereinafter “instant apartment”).

On June 24, 2011, the Plaintiff acquired the right to collateral security from the Industrial Bank of Korea. On November 9, 2012, the Plaintiff was transferred the instant right to collateral security.

B. B, on September 14, 2015, lost the benefit of the loan due to the delayed payment of the principal and interest of the loan.

On January 21, 2016, upon the Plaintiff’s application, the real estate auction procedure concerning the apartment of this case (hereinafter “instant auction procedure”) was initiated as the Incheon District Court C on January 21, 2016.

C. On December 2, 2015, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) stipulating that the instant apartment is leased by setting the lease deposit amount of KRW 20,000,000 (no rent) from the E’s brokerage that operates the “D Licensed Real Estate Agent Office” and the lease period from January 4, 2016 to January 3, 2018 (hereinafter “instant lease agreement”).

Around December 2, 2015, the Defendant paid B KRW 20,000,000 in total, including KRW 18,000,000,000, around January 4, 2016 and KRW 18,000,000, as lease deposit, and completed a resident registration transfer report on January 5, 2016, obtained a fixed date on the instant lease agreement, and thereafter occupied and resided in the instant apartment from around that time to July 2017.

In the column of the special terms of the instant lease agreement, it is stipulated that the mortgage of this case is a contract under the status of establishing the mortgage of this case and that B cancel the provisional attachment of the Federation of Credit Guarantee Foundations.

In the instant auction procedure on February 1, 2016, the market price of the instant apartment was KRW 130,000,000.

(e).

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