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(영문) 인천지방법원 2015.07.16 2014가합13019

배당이의등

Text

1. Of the distribution schedule prepared on November 4, 2014 by the said court in the Incheon District Court I and J (Consolidated) auction of real estate.

Reasons

1. Basic facts

A. On December 7, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage in the name of the debtor N, the maximum debt amount of which is KRW 1,095,000,000, and the Plaintiff’s neighboring registration in the name of the debtor N, with respect to the building of collective housing M with the 5th floor above the Incheon Southern-gu K and L ground.

B. On May 24, 2013, there was a decision to commence compulsory auction of the instant building by J of the Incheon District Court, but on June 3, 2013, there was a decision to commence voluntary auction upon the Plaintiff’s request on June 3, 2013 (Seoul District Court I), and as the above auction cases were combined, the real estate auction procedure for the instant building (hereinafter “instant auction procedure”).

C. On November 4, 2014, the date of distribution of the instant auction procedure, the Defendants, the lessee of the instant building, were first in the order of 1,021,665,193, which was the amount to be actually distributed after deducting the execution cost from the amount such as the sale price of the instant building and the interest on the sale price, etc., as well as 22,00,000,000 won, respectively, and 1,960,660, and 3rd-gu, Incheon, the holder of the right to deliver (the pertinent tax) in the second order, were set up with the following distribution schedule (hereinafter referred to as “instant distribution schedule”).

Defendant B-22,00,000 22,000,000 small-sum lessee (303) Defendant C-22,000,000 22,000,000 small-sum lessee (503) Defendant D-22,000,000 (222,000,000 22,0000,000 small-sum lessee (503) (501) Defendant F-45,000,000 22,000,0000 small-sum lessee (501), Defendant G 30,000,000 222,000,000,000 small-sum lessee (301), Defendant H22,000,000 22,0002,000,000 222,000,000,00363616,6360,0636,6166360, Incheon (36,606,61606,

D. On the date of the above distribution, the Plaintiff stated that the Defendants raised an objection to the total amount of dividends.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Defendants are limited to the appearance of the lessee in the form that is not the actual lessee.