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(영문) 의정부지방법원 2015.11.13 2015가단19858

배당이의

Text

1. Of the distribution schedule prepared on May 29, 2015 by the same court with respect to the case of voluntary auction of real estate C by the Jung-gu District Court.

Reasons

1. Facts of recognition;

A. On February 7, 2009, the Defendant leased the E Apartment Nos. 604, 1205 (hereinafter “the instant apartment”) of the Yangju-si as KRW 60,000,00 for the deposit deposit, and began to occupy the instant apartment upon making a move-in report on the instant apartment on March 16, 2009, by paying the deposit deposit to D, and received the fixed date on the same day.

B. On March 3, 2011, the Plaintiff leased the instant apartment from D with a deposit of KRW 80,00,000,000, and on March 14, 2011, the written complaint stating that “No. 13, 201.” However, in light of the purport of the evidence and the entire pleading No. 2, it is an obvious clerical error of “No. 14, 201.”

D paid a security deposit to D, and the possession of the apartment of this case was commenced, and the date following the date of the move-in report was completed on March 15, 201, and the fixed date was received.

C. On May 16, 201, the Defendant completed the registration of the lessee’s housing lease on the instant apartment on February 7, 2009, the entire apartment of this case within the scope of KRW 60,00,000, and the date of lease, February 7, 2009, the resident registration date and the date of occupation, and the fixed date, March 16, 2009, respectively.

D On the other hand, between F and F on March 14, 201, the remaining payment date of the Plaintiff’s lease deposit, concluded a mortgage agreement with the maximum debt amount of KRW 1.22 million with respect to the instant apartment on the same day, and F completed the registration of creation of a neighboring mortgage on the instant apartment on the same day (hereinafter “the registration of creation of a neighboring apartment”).

On April 6, 2012, the Plaintiff entered into a quasi-loan agreement with D as to KRW 50,000,000 out of the security deposit, and made a supplementary registration as to the share of KRW 5/12 of the instant collateral security as the secured claim.

E. On July 17, 2014, the District Court decided to commence a voluntary auction on the apartment of this case as C, and accordingly.