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(영문) 의정부지방법원 2015.09.09 2014가합8117
배당이의
Text

1. Of the distribution schedule prepared on September 25, 2014 by the above court with respect to distribution procedures B by the District Court.

Reasons

1. Basic facts

A. The plaintiff is the owner of the land C (hereinafter referred to as "the land 1"), D (hereinafter referred to as "the land 2"), E (hereinafter referred to as "third land") and the building of gas station on the land 1 through 3 (hereinafter referred to as "market station"; the plaintiff is the owner of the land 1 through 3 and the wholesale market gas station, including the land 1 through 3 and the building of gas station in the wholesale market, and the land 4, F land (hereinafter referred to as "5"), G land (hereinafter referred to as "land 5"), H land (hereinafter referred to as "the land 6"), and the building of gas station on the ground 4 through 6 (hereinafter referred to as "I gas station building"), and the defendant is the owner of the land 4 through 6 and the building of the I gas station and the building of the I gas station designated as the business operator around 199 and supplied the I gas station building and the building of the I gas station.

B. On December 30, 199, the Defendant concluded a lease agreement with the Plaintiff on each of the lease deposit amounting to KRW 850,000,00,00 with respect to the gas station in the wholesale market and I gas station (hereinafter “each of the gas stations in this case”) scheduled to be newly constructed between the Plaintiff and the Plaintiff on each of the above lease deposit amounting to seven years from the commencement date of the lease period, and then on January 5, 2000, the lease deposit was paid in advance to the Plaintiff on each of the above lease deposit amounting to KRW 1.7 billion with respect to each of the above lease deposit amount (hereinafter “the lease deposit in this case”) around October 5, 2001 in order to secure the total sum of the lease deposit amount (hereinafter “the lease deposit in this case”).

C. On September 12, 2002, the registration of additional establishment of the first mortgage on the above building was completed on September 12, 2002. D

The gas station in the wholesale market shall be the gas station on July 2002.

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