beta
(영문) 의정부지방법원고양지원 2016.06.10 2016가단72002

배당이의

Text

1. It was drawn up by the above court on January 27, 2016 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.

Reasons

1. Basic facts

A. Our bank (hereinafter “Nonindicted bank”) established the right to collateral security (hereinafter “the right to collateral security”) of the bank in Korea, a corporation, etc., established the right to collateral security (hereinafter “the right to collateral security”) with the maximum debt amount of 74,000,000 won on April 1, 201 with respect to D land (the first E land was provided as joint collateral, but both parcels were merged on May 12, 201) and each of the above land and buildings (hereinafter “the instant real estate”) owned by the bank in the form of the right to collateral security (hereinafter “the right to collateral security”) and established the right to collateral security with the maximum debt amount of 240,000,000 won on April 6, 2011. < Amended by Act No. 11476, Jun. 22, 2012>

B. On October 12, 2010, the Defendant concluded a lease contract with a deposit amount of KRW 85,000,000 and the lease period of KRW 36 months from November 24, 2010 on the two floors among the instant real estate buildings (hereinafter “lease object”). On October 24, 2010, the Defendant made a move-in report on resident registration at the above address, and received a fixed date on May 4, 201, from the lease contract.

C. On March 27, 2015, Nonparty bank filed an application for the commencement of auction auction on real estate by specifying the claim amount of KRW 899,06,220 and KRW 869,50,00,00 among the above money, as “interest interest amount calculated at the rate of 15% per annum from March 27, 2015 to the date of full payment,” and the auction procedure was conducted on April 6, 2015.

In the process, the Plaintiff acquired the claim against Nonparty Bank regarding each of the instant collateral security claims against C, and the Defendant filed an application for a report on rights and a demand for distribution as a lessee in the above procedure, and the Plaintiff submitted a claim statement to the effect that the principal and interest of the claim up to the date of distribution reaches KRW 973,411,860.

On January 27, 2016, the court below prepared a distribution schedule, which states that the plaintiff pays KRW 917,239,516 to the defendant, and that the defendant distributes KRW 74,017,012 to the defendant, is "the distribution schedule of this case".

....