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(영문) 인천지방법원부천지원 2016.04.29 2015가단111633
배당이의
Text

1. Of the distribution schedule prepared by this Court on August 5, 2015, against the Defendant in the instant case of DD real estate auction.

Reasons

1. Facts of recognition;

A. A, on September 20, 2008, purchased from Dong-gu, Seocheon-gu, Nowon-gu, and one parcel G apartment, 102 Dong 1502 (hereinafter “instant apartment”), and completed the registration of ownership transfer on October 17, 2008.

B. On September 10, 2008, the Korea Credit Guarantee Fund entered into a credit guarantee agreement on KRW 170,000,000 among the loans to the Industrial Bank of Korea of A, and KRW 300,000,000 among the loans to the Industrial Bank of Korea of April 15, 2009.

C. On June 19, 2014, the Defendant concluded a lease contract with A and the instant apartment (hereinafter “instant lease contract”) with a deposit of KRW 20,000,000 (in case of a contract with a contract of KRW 2,00,000, the balance of KRW 18,000,000, each payment of which is made on June 30, 2014), the rent of KRW 50,000,000, and the period from June 30, 2014 to June 29, 2016, and paid KRW 3,00,000 on June 20, 2014.

On June 23, 2014, the Defendant paid KRW 17,000,000 in total, including KRW 7,500,000 on July 22, 2014, and KRW 7,500,000 on the 13th day of the same month and the 23th day of the same month to A, after having received a fixed date from the instant lease agreement and completing a move-in report (it is not known that the Defendant was at any time delivered the instant apartment from A, but in light of the record in subparagraph 1, it appears that the Defendant was a director of the instant apartment from August 28, 2014).

E. At the time of the conclusion of the instant lease agreement, the instant apartment was respectively set out on October 31, 201, which was the debtor, the maximum debt amount of KRW 252,000,000, and the National Bank of Korea, which was the debtor, the debtor, the debtor, the maximum debt amount of KRW 130,000,000, and the National Bank of Korea, the Korean National Bank of Korea, Co., Ltd., Ltd., on November 18, 2011 (hereinafter collectively referred to as the “instant collective security”). The provisional registration of the right to claim the transfer of ownership was completed on June 23, 2014, which was the remainder payment date under the instant lease agreement, prior to the date of the payment of the remainder under the instant lease agreement.

F. The obligee on July 1, 2014, immediately after the conclusion of the instant lease agreement, on the instant apartment.

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