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(영문) 대구지방법원 2016.07.14 2016나3438
배당이의
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On February 27, 2013, D: (a) between the Plaintiff and the Plaintiff, a lease agreement was concluded between the Plaintiff, setting the lease deposit of 40,00,000 square meters on 83.79 square meters per floor among the real estate listed in the separate sheet (hereinafter “instant housing”); (b) the lease agreement was concluded between the Plaintiff and the lease agreement to lease KRW 300,000 per month from February 27, 2013 to February 27, 2015; and (c) the Appointor C and the second floor of the instant housing as the lease deposit amount of KRW 20,00,000 and the lease period of KRW 10.35 square meters from February 27, 2013 to February 27, 2015 (hereinafter “each of the instant lease agreement”).

B. On February 27, 2013, the Plaintiff and the Selected C completed each move-in report on the instant housing, and obtained a fixed date in each of the instant lease agreements on February 25, 2014.

C. D entered into a contract with E on April 15, 2013 to sell the instant housing in KRW 500,000,000. On the same day, D completed the registration of ownership transfer for the instant housing due to the said sale in the future.

As to the instant housing, the Defendant completed the registration of creation of a mortgage on the fifth-order neighboring mortgage (hereinafter “registration of creation of a mortgage on the instant housing”) with the obligor E, the maximum debt amount of KRW 443,300,000 on April 15, 2013, and ② on December 30, 2014, with the establishment of a mortgage on the sixth-order neighboring mortgage at the obligor F, the maximum debt amount of KRW 441,00,000 on December 30, 2014.

E. The Defendant applied for voluntary auction of real estate regarding the instant housing, etc. to Daegu District Court B on the basis of each of the foregoing collateral security rights, and the decision on voluntary auction was rendered on January 21, 2015.

(f) At the instant auction procedure, the Plaintiff and the Selection C reported the right to the lease deposit under each of the instant lease agreements and demanded the distribution thereof, but the auction court on August 31, 2015, which was the date of distribution.

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