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(영문) 춘천지방법원영월지원 2016.11.23 2016가단344
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In fact, on May 2, 2008, the agricultural corporation acquired the ownership of the real estate listed in the attached list (hereinafter “instant real estate”) in the auction procedure for voluntary auction on the premise that the agricultural corporation did not have to carry out the following matters.

Co., Ltd. entered into a collateral trust contract with K non-real estate trust company on September 4, 2008, and completed the registration of ownership transfer in the name of K non-real estate trust company on September 10, 2008.

According to Article 10 (3) of the Security Trust Contract, registered in the trust ledger on the same day, the new lease or re-lease contract after the conclusion of the above trust contract shall be concluded in the name of the trustee, K non-Real Estate Trust Co., Ltd., or under the name of the truster, subject to prior consent with the trustee, but the lease deposit should be deposited into the K non-Real Estate Trust Co., Ltd., which is the trustee.

The term of lease for the real estate of this case between the Plaintiff and French farm is 24 months from March 6, 2009, and deposit is 6,100,000 won, and the real estate lease contract was prepared on March 6, 2009. The Plaintiff completed the move-in report under the Resident Registration Act on December 22, 2008, and obtained the fixed date of D on July 27, 2009.

On September 17, 2013, the Securities Savings Bank Co., Ltd. (hereinafter “Stock Savings Bank”) completed the registration of creation of a neighboring mortgage (hereinafter “mortgage 1,404,00,000 won with respect to the instant real estate”) and the debtor E, and on May 20, 2014, the Securities Savings Bank filed an application for voluntary auction of the instant real estate with the Youngcheon District Court subsidies, Youngcheon District Court subsidies on May 20, 2014, and the Auction Court attached the instant real estate on May 29, 2014 and below the procedure for the voluntary auction of the instant real estate.

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