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(영문) 의정부지방법원고양지원 2016.09.30 2015가단89591

배당이의

Text

1. It was drawn up by the above court on October 15, 2015 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.

Reasons

1. Basic facts

A. The Plaintiff’s claim refers to the Plaintiff’s real estate of this case, No. 103, No. 103, Dong-dong, Seoyang-gu, Busan Metropolitan City D apartment owned by Nonparty C.

On October 18, 2012, the provisional attachment application amounting to KRW 9,580,000 was filed on October 18, 2012, and the registration was completed on October 18, 2012. Since then, C filed a lawsuit against Suwon District Court No. 2013Ga314801 against C, and as to KRW 9,168,221 from December 14, 2012 to March 25, 2013, C received a decision of performance recommendation ordering payment of damages for delay calculated at a rate of 20% per annum from the next day to the date of full payment, and the order was finalized as is.

B. On August 27, 2014, the Defendant entered into a lease agreement: (a) on the instant real estate, KRW 20,000,000 as deposit money for one column among the instant real estate; and (b) the instant lease agreement is “the instant lease agreement.”

B. A contract was concluded, and on September 2, 2014, a move-in report was made to the said real estate and received the same fixed date on the same day.

C. As of June 30, 201, the instant real estate during the auction procedure was completed the registration of creation of a neighboring mortgage with the Industrial Bank of Korea and the maximum debt amount of KRW 162,000,000,000 on June 30, 201, but upon the application for commencement of the auction at the above Industrial Bank of Korea, the said court determined the instant real estate as the Jinyang Branch B and below the auction procedure on November 13, 201, upon the said court’s application for commencement of the auction.

A. The proceedings were conducted.

In the above procedure, the plaintiff made a demand for distribution with the amount of credit up to the date of distribution as 14,219,266 won, and the defendant also made a report on the right as a lessee and made a demand for distribution.

On October 15, 2015, the court below prepared a distribution schedule and distributed 20,000,000 won to the defendant top priority, and "the distribution schedule to the effect that the plaintiff does not distribute to the plaintiff" is "the distribution schedule of this case".

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 14,219,266 out of the Defendant’s dividends. (No dispute over the grounds for recognition exists)