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(영문) 서울북부지방법원 2015.02.06 2014가단112368
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 4, 2013, the Defendant entered into a lease agreement with C, the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”) under which the said apartment is leased by setting the lease deposit of KRW 30,000,000, monthly rent of KRW 850,000, and the lease term of KRW 850,000 from April 18, 2013 to April 18, 2015 (hereinafter “instant lease agreement”). Around that time, the Defendant received the said apartment from the delivery of the said apartment, and received a move-in report for resident registration and received a fixed date on April 22, 2013.

B. The Industrial Bank of Korea (hereinafter “the Bank”) obtained from C each of the maximum debt amount of April 5, 2008, KRW 180,000,000, and the maximum debt amount of March 31, 2009, with respect to the apartment of this case, the Industrial Bank of Korea (hereinafter “the Bank”) completed the registration of creation of a new mortgage on April 5, 2008 with respect to the instant apartment.

(hereinafter referred to as "first-class collateral security, second-class collateral security," respectively.

The Industrial Bank of Korea applied for an auction on the instant apartment on May 3, 2013 to Seoul Northern District Court B for a real estate auction on the same month.

6. The auction procedure (hereinafter “instant auction procedure”) was conducted upon the voluntary decision on commencing auction.

On June 26, 2013, the Industrial Bank of Korea transferred to the Plaintiff the above claim against the Dreamb Co., Ltd. secured by the first and second collateral security right pursuant to the asset-backed securitization procedure under the Asset-Backed Securitization Act. Around that time, it notified the Dreamb Co., Ltd. of the above claim, and participated as the transferee of the auction procedure of this case.

E. On May 28, 2014, the date of distribution of the instant auction procedure, the auction court held the Defendant as a lessee of small claims prescribed by the Housing Lease Protection Act and set forth in the first order, and held the Defendant as the first order, 180,000,000,000 based on the first order of priority, and the first order of priority to the Plaintiff as the third order to distribute the amount of KRW 86,171,419, based on the second order of priority to the Defendant.

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