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(영문) 창원지방법원 2016.12.15 2015가단14917
배당이의
Text

1. Contract to establish a right to lease on a deposit basis between the defendant and C (D) on August 5, 2013 regarding the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against C (1) on May 10, 2006 sold to C the land and building in the Changwon-si, Changwon-si J land and building amounting to KRW 150 million.

(2) On April 29, 2014, the Plaintiff filed a lawsuit against Changwon District Court 2014Gahap2471 seeking payment of the purchase price.

On September 17, 2014, the Plaintiff received a favorable judgment from the above court that “the Plaintiff shall pay 150 million won and 20% interest per annum from May 11, 2016 to June 9, 2014 at the rate of 1.6% per annum from the day following that of June 1, 2016 to the day of full payment” and the above judgment became final and conclusive around that time.

(3) On March 3, 2014, the Plaintiff applied for provisional seizure of real estate in the amount of KRW 168,60,000, which was claimed by Changwon District Court 2014Kadan563 with respect to the real estate listed in the separate list owned by C, and completed the provisional seizure registration on the same day upon receipt of a decision of provisional seizure from the above court.

B. (1) On June 26, 2013, the Defendant entered into a contract to establish a right to lease on a deposit basis (hereinafter “instant contract to lease on a deposit basis”) with each of the following contents as to the size of 68.75 square meters north north of the second floor of a residential building and the remaining 70 square meters south of the second floor of a residential building among the buildings listed in the annexed Table No. 4 (hereinafter “instant building”), and completed each of the contract to establish a right to lease on a deposit basis (hereinafter “instant contract to lease on a deposit basis”) from June 26, 2013 to June 25, 2015.

(2) On August 5, 2013, the Defendant, upon cancelling the registration of the establishment of a right to lease on a deposit basis, concluded with C each contract to establish a right to lease on a deposit basis (hereinafter “instant contract to lease on a deposit basis”) with respect to the whole floor of a commercial building among the instant building, KRW 130 million on deposit basis, KRW 70 million on deposit basis, KRW 68.75 square meters on the north north of the second floor of a residential building, and each contract to lease on a deposit basis between August 5, 2013 and August 4, 2014 on deposit basis (hereinafter “instant contract to lease on a deposit basis”) and completed each of the registration of the establishment of a right to lease on a deposit basis with C (hereinafter “registration of the establishment of a right to lease on

C. (1) The commencement of the auction procedure.

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