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(영문) 서울북부지방법원 2015.02.05 2014가단106
배당이의
Text

1. The defendant

A. The Plaintiff A’s KRW 10,000,000 as well as 5% per annum from December 26, 2013 to February 5, 2015.

Reasons

1. Basic facts

A. On August 2, 2012, Plaintiff A entered into a lease agreement with Nonparty D and D with the condition that one column on the right side of the first floor of the house listed in the attached Table No. 2 (hereinafter “instant house”) owned by Nonparty D and D (hereinafter “instant house”; the land listed in the attached Table No. 1 is “instant land”); and the lease agreement was concluded between August 22, 2012 and August 21, 2014 with the lease agreement setting the lease deposit amount of KRW 35 million and the lease period of KRW 35 million; and the lease agreement was concluded between August 22, 2012 and August 23, 2012; and thereafter, Plaintiff A was the lessee who moved into a move-in report on August 23, 2012.

B. On February 11, 2010, Plaintiff B entered into a lease agreement with the term of the lease deposit of KRW 75 million and the term of the lease from March 26, 2010 to March 26, 2012, and thereafter, Plaintiff B entered into the lease agreement with the term of the lease contract with the term of March 26, 2010, and filed a move-in report on the instant house with the fixed date on March 30, 2010.

C. Meanwhile, on the instant housing and land, prior priority was established on December 24, 2007, the maximum debt amount of KRW 143,000,000 for the instant housing and land, and on the debtor D, the senior mortgage was established by the Non-party Gangseo Credit Union (hereinafter “Gangdong Credit Union”).

Around December 2012, D and D’s agent E (the spouse of D) requested the Plaintiffs to “establish a collateral security with the same content as the right to collateral security, in order to transfer a loan to another financial institution with a low interest rate due to a high interest rate on loans from the Gangseo-dong Credit Union.” If there are lessees in the instant housing, other financial institutions should be aware of the loan, and even during the loan examination, they should be transferred to the other place only during the loan examination, and then establish a collateral security with the same content as the right to collateral security, which is the right to collateral security.”

E. On December 5, 2012, upon D’s request, Plaintiff A reported to Seongbuk-gu Seoul F, the domicile of Plaintiff D, and Plaintiff B reported to Seongbuk-gu Seoul, the domicile of Plaintiff D’s agent E, respectively.

F. Thereafter, D shall provide the maximum amount of debt regarding the instant housing and land as security for the loans received from the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) on December 13, 2012.

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