배당이의
1. A distribution schedule prepared on May 27, 2015 by the above court with respect to a compulsory auction case of Suwon District Court B and C (Dual) real estate.
1. Basic facts
A. On September 9, 2009, the Defendant and D completed a lease agreement with D, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1,300,000,000, and the lease term of KRW 1300,000,000 from September 1, 2009, and completed the registration of business on September 1, 2009. < Amended by Presidential Decree No. 21751, Sep. 1, 2009>
B. On September 9, 201, the Defendant and D extended the term of the lease agreement from September 1, 201 to 24 months, and drafted the same lease agreement with the same terms and conditions as other terms and conditions of the lease. On September 9, 2013, the Defendant and D drafted again a lease agreement that extended the term of the lease agreement to 24 months from September 1, 2015 (which appears to be a clerical error in September 1, 2013).
C. The Defendant obtained the fixed date of June 10, 2014 regarding the lease agreement from September 9, 2013.
On June 19, 2014, the Plaintiff completed the provisional attachment registration on the same day with the claim for the advance reimbursement of KRW 456,253,000 against D as the preserved right in the case of provisional attachment against immovables in Suwon District Court 2014Kadan200867, the Plaintiff’s claim for the advance reimbursement of KRW 456,253,00 as the preserved right.
E. As to the instant officetel, upon the application for the commencement of compulsory auction by creditors Samsung Card Co., Ltd., on September 3, 2014, upon the application for the commencement of compulsory auction, Suwon District Court B’s compulsory auction decision was issued on the same day, and the registration of the commencement of compulsory auction decision was completed on the same day. Upon the application for the commencement of voluntary auction by creditors one bank, Suwon District Court C on October 20, 2014, the voluntary decision on commencement of auction was completed on the same day.
F. On November 20, 2014, the Defendant filed an application for a report on rights and a demand for distribution with the Suwon District Court B, C(Dual Real Estate), which obtained the fixed date in the auction of the instant officetel, as a lessee who has obtained the fixed date.
G. From the Suwon District Court Decision 2014Da16725 decided Nov. 19, 2014 that the Plaintiff filed against D, “D on November 19, 2014” was 472,949,481 won and won against the Plaintiff.