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(영문) 인천지방법원 2017.07.18 2015가단233240
배당이의
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 8, 2010, the Plaintiff entered the separate list owned D on November 8, 2010 in order to secure the above loan claims while lending money to Nonparty D.

1. In regard to real estate (hereinafter “E housing”), the registration of creation of a mortgage as the debtor D and the plaintiff as to the maximum debt amount of KRW 104,00,000,000, the registration of creation of a mortgage as to the real estate (hereinafter “E housing”) is recorded in the attached list owned on November 30, 2010

2. As to the real estate (hereinafter “F Housing”), the establishment registration of a mortgage as to the real estate (hereinafter “the maximum debt amount”) was completed, each of which was completed by the debtor D and the Plaintiff as the mortgagee.

B. The plaintiff is the above A.

Based on each of the right to collateral security stated in the claim, this Court filed an application for a voluntary auction of real estate C with respect to E and F housing, and this Court rendered a voluntary decision to commence auction on August 18, 2014.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

1) On the other hand, on February 26, 201, Defendant A set the lease deposit amount of KRW 25,000,000 with respect to the housing D and E as of February 26, 201 (hereinafter “instant first lease contract”).

(2) On March 30, 201, Defendant B entered into a lease contract (hereinafter “instant second lease contract”) with a lease deposit of KRW 18,00,000 on August 12, 201, and made a move-in report with a house E on March 22, 201, and obtained a fixed date on March 3, 201, and made a report on the right and demand for distribution as a lessee at the instant auction procedure on October 6, 2014. Defendant B entered into a move-in report with a house on August 30, 201, and made a report on the right and demand for distribution as a lessee at the instant auction procedure on September 15, 2014.

This Court distributes each of the 22,00,000 won to Defendant A, who demanded a distribution as a small lessee on the date of distribution made on August 18, 2015, to Defendant B, KRW 13,087,362 in the first order, and KRW 42,438,264 (E), KRW 12,430,90 in the fourth order, and KRW 54,869,167 (F Housing) in the sum of KRW 42,438,264 (E), KRW 12,430,90 (F Housing) in the fourth order.

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