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(영문) 서울남부지방법원 2014.04.04 2011가단36248
사해행위를 원인으로 한 근저당권말소
Text

1. The contract establishing a right to collateral security concluded between the defendant and C on August 19, 2010 between the defendant and C is 47.

Reasons

1. Basic facts

A. On February 13, 2009, the Plaintiff entered into a lease agreement between C and C, setting the lease deposit amount of KRW 130 million with respect to the instant real estate owned by C, and the term of lease from March 10, 2009 to March 9, 201 (hereinafter “instant lease agreement”).

The Plaintiff paid a lease deposit to C in accordance with the instant lease agreement, and completed the move-in report on October 5, 2009 after moving into the instant real estate, and obtained a fixed date on December 13, 2010 from the said contract.

B. As to the instant real estate, C completed the registration of creation of mortgage (the maximum bond amount of KRW 144,00,000,0000, October 1, 2009, which was received on October 1, 2009 from 67831 of the Seoul Southern District Court (hereinafter “Korea Bank”), and again completed the registration of creation of mortgage (the maximum bond amount of KRW 14,4,000,000,000,000,000) to the Defendant on August 19, 2010 as of the receipt of the above registry No. 55056 on August 19, 2010.

C. On February 25, 201, the auction procedure of the instant real estate was initiated upon the application of the Bank based on the first right to collateral security.

(hereinafter referred to as this Court D, hereinafter referred to as “instant auction procedure”).

In the instant auction procedure, among KRW 37,068,547, the amount to be actually distributed on January 18, 2012, the distribution schedule was prepared to distribute each of KRW 165,860, and KRW 165,860 to the Gangseo-gu Office, the issuing authority, and KRW 2, to the transferee of the Bank, the transferee of the Bank, in order of 165,860, and KRW 14,400,000, and KRW 3,000,00 to the Defendant of the mortgagee, the mortgagee, and KRW 10,838,752, and KRW 82,063,935 to the Plaintiff, the lessee, respectively.

On the date of distribution, the Plaintiff raised an objection against KRW 47,936,065 out of the dividend amount against the Defendant, and filed a lawsuit of demurrer against distribution on January 19, 2012 (this Court Decision 2012Ga4132).

E. At the time of conclusion of the instant mortgage contract, C shall be deemed as C.

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