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(영문) 춘천지방법원강릉지원 2015.06.03 2014가단8246

배당이의

Text

1. A distribution table prepared on November 6, 2014 by the said court with respect to the auction cases of the real estate rent C in the Gangnam branch court of the Chuncheon district court.

Reasons

1. Facts of recognition;

A. On August 6, 2008, the Defendant entered into a lease agreement with D on 102 Dong 401 (hereinafter “the instant apartment”) with C, Samcheon-si, with the content that lease deposit is leased in KRW 25,00,000 (hereinafter “the instant lease agreement”), made a move-in report on August 7, 2008 and obtained a fixed date, and entered into the instant apartment on August 10, 2008 by paying the lease deposit in full.

B. The purchase and sale, loan execution, etc., of the apartment of this case 1) F (as a whole south part of the defendant, divorced from the defendant on December 10, 2005)

(2) On July 24, 2012, D and the instant apartment purchase price of KRW 54,00,000, and the down payment of KRW 5,000,000 shall be paid at the time of a contract, and the intermediate payment of KRW 20,000,000,000, which shall be paid on July 24, 2012, and the remainder of KRW 29,000 on July 27, 2012, F concluded a contract to register the transfer of ownership on July 27, 2012. (2) On July 25, 2012, F concluded a mortgage agreement with respect to the instant apartment and the instant apartment and the instant apartment and the instant apartment and the amount of KRW 32,50,00,000,000,000 from the Plaintiff on July 27, 2012.

(hereinafter “instant collateral security”). C.

1) On December 6, 2013, when the Plaintiff did not pay interest on the instant apartment, the Plaintiff filed an application for voluntary auction of the instant apartment on the basis of the instant collateral security (Scheon District Court Gangnam Branch C) and sold it to G on September 29, 2014. 2) During the instant voluntary auction process, the Defendant made a demand for distribution in the capacity of lessee of the instant apartment, and on November 6, 2014, Gangnam Branch Branch of the Chuncheon District Court as the first distribution right holder, distributed KRW 25,00,000 to the Plaintiff and distributed KRW 16,047,233 to the Plaintiff (hereinafter “instant dividend schedule”).

3. The plaintiff is present on the date of the above distribution, and the plaintiff is a tenant.