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Reasons
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(영문) 의정부지방법원 2014.08.12 2013가단27725
배당이의
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 15, 2011, the Plaintiff concluded a mortgage agreement with B with respect to the apartment of this case owned by B, with a view to securing the present or future obligation, and concluded a mortgage agreement with the obligor B, the maximum debt amount of KRW 300,300,000, and completed the mortgage registration (hereinafter “instant mortgage”). On the same day, the Plaintiff concluded the mortgage agreement with B on the same day. The interest rate between B and B was 8.8% per annum, the repayment method was 1-year maturity and 20.8% per annum, and the repayment rate was 231,00,000 won per annum.

B. On May 2, 2012, the Defendant: (a) concluded a lease agreement with B to lease the instant apartment with the F’s brokerage operating real estate brokerage business under the name of “E”; (b) from May 7, 2012 to May 6, 2014, the Defendant paid the lease deposit amount of KRW 14,400,00 as the down payment on the same day; and (c) paid the lease deposit to B with the remainder of May 7, 2012, after completing the fixed date and move-in report on the lease date (hereinafter the above lease referred to as “the lease of this case”); and (d) residing in the instant apartment with G and Dong H, which is attached from that date after completing the lease contract with the fixed date and move-in report (hereinafter referred to as “the lease of this case”).

C. However, as B did not pay interest on March 12, 2012, the Plaintiff lost its interest under Article 9 of the Loan Transaction Agreement (as of May 2, 2012, the obligation to pay the principal and interest of the Plaintiff as of May 2, 2012 was KRW 235,622,530 (principal principal KRW 231,00,62,530). Accordingly, the Plaintiff applied for the auction of the instant apartment based on the instant collateral security (as of June 29, 2012, KRW 231,62,530).

7.2. A decision on commencing the auction;

(hereinafter “instant auction”). D.

In the instant auction procedure, the said auction court shall actually distribute dividends on the date of open distribution on May 27, 2013.

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