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(영문) 수원지방법원성남지원 2014.12.19 2013가단217435
배당이의
Text

1. It was drawn up by the said court on December 12, 2013 with respect to the case of voluntary auction of real estate B in Sung-nam District Court, Sungnam District Court.

Reasons

1. Basic facts

A. Solomon mutual savings bank entered into a loan agreement with D, and set up a collateral security of KRW 403,000,000 with respect to the payment of the maximum debt amount with respect to the C apartment 116 Dong-dong 106, Sungnam-si, Sungnam-si (hereinafter “instant apartment”).

B. On April 8, 2013, the Korea Finance Savings Bank, which acquired the above loan claims and collateral security claims from Solomon Mutual Savings Bank, applied for voluntary auction of the instant apartment on April 8, 2013, and the registration procedure for voluntary auction of real estate was commenced in Sungwon District Court Sungnam Branch B.

C. On the other hand, on May 4, 2012, the Defendant concluded a lease agreement with D, the entrance of the entrance of the apartment site of this case, at KRW 15,00,000 (hereinafter “instant lease agreement”) and completed a move-in report on May 22, 2012, and made a report on the right and demand for distribution as a small lessee during the said voluntary auction procedure on April 24, 2013.

On December 12, 2013, the court prepared a distribution schedule to distribute the amount of KRW 15,000,000 to the Defendant as the first-class lessee, and the amount of KRW 277,501,351 to the Plaintiff, who acquired the above loan claims and collateral security claims from the Korea Financial Savings Bank from the Korea Financial Savings Bank, as the second-class mortgagee and the third-class mortgagee.

[Grounds for Recognition: Evidence Nos. 1 through 5, the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff asserts that the instant lease agreement is the most most recent lease, and sought a correction of the distribution schedule by asserting that the instant lease agreement constitutes a fraudulent act, and sought a correction of the distribution schedule by the method of compensation for value, asserting that the instant lease agreement constitutes a fraudulent act.

B. (1) The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1), and even if the lease is not registered, the lessee is delivered the house.

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