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(영문) 서울고등법원 2017.07.26 2017나8588
배당이의
Text

1. The part of the judgment of the court of first instance regarding Defendant B is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. On April 30, 2010, the Plaintiff filed a lawsuit against Nonparty D with the Seoul Central District Court 2009Gahap112560, and rendered a favorable judgment against the Plaintiff that “The Plaintiff shall pay damages for delay at the rate of 23% per annum from May 26, 2007 to the date of complete payment” with respect to KRW 200,000,000 among the KRW 202,646,575, and the amount of damages for delay from May 26, 2007 to the date of full payment. The above judgment became final and conclusive around that time.

B. D concluded each of the following lease agreements with respect to each of the real estate listed in the separate sheet owned by it (hereinafter “instant real estate”).

(1) As of November 2, 2008, Defendant A entered into a lease agreement with regard to the third floor of the instant building, among the instant real estate, with the term of lease from October 10, 2008 to December 10, 2010 (24 months) and the lease deposit amount of KRW 55 million without rent.

(2) As of June 17, 2013, the term of lease was from July 15, 2013 to July 14, 2015, with respect to the building 53.5 square meters on the second floor among the instant real estate as of June 17, 2013 between Defendant B and Defendant B, and entered into a lease agreement with Defendant B with the amount of KRW 25 million as lease deposit and KRW 350,000 per month.

(hereinafter “instant lease agreement”). C.

D With respect to the instant real estate on October 31, 2014, on October 27, 2014, the following was completed: (i) the establishment registration of a neighboring mortgage of the debtor F, the mortgagee C, the maximum debt amount of KRW 71,500,00 (hereinafter “the establishment registration of a neighboring mortgage of the instant case”); (ii) the establishment registration of a neighboring mortgage of KRW 351,00,000 (hereinafter “the establishment registration of a neighboring mortgage of the instant case”) was completed, respectively.

On December 4, 2014, the Plaintiff is above A.

Based on the executory exemplification of the judgment stated in Paragraph E, the Seoul Northern District Court filed an application for the commencement of compulsory auction proceedings with respect to the instant real estate (the amount of KRW 548,843,835 and the amount of KRW 200,000 among them shall be calculated at the rate of 23% per annum from December 4, 2014 to the date of full payment).

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