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(영문) 수원지방법원안양지원 2016.02.04 2014가합102574

배당이의

Text

1. A distribution schedule prepared on June 2, 2014 by the said court with respect to the auction case of the D's real estate in Suwon District Court, which was established by the said court.

Reasons

On October 27, 2006, one Bank (hereinafter referred to as the “I Bank”) established a collateral security right of KRW 78 billion with respect to the maximum debt amount of KRW 253.6 square meters (hereinafter referred to as “first real estate”) in Mayang-gu, Mayang-gu, the representative director of the non-party company, as the representative director of the non-party company, as the collateral security right of KRW 78 billion, and on April 27, 2007, the collateral security right of KRW 101, No. 101, No. 201, and No. 1202 (hereinafter collectively referred to as “second real estate”) owned by the non-party company as the joint collateral, and each divided store was indicated as the number of houses) with the maximum debt amount of KRW 5 million.7 million as the joint collateral.

(hereinafter referred to as “each of the instant real estates.” After one bank’s application, on June 17, 2010, the procedure of voluntary auction on each of the instant real estates was initiated as Suwon District Court Ansan Branch D (hereinafter “instant auction”). The Plaintiff acquired the above claim and collateral security against the non-party company from one bank and succeeded to one bank in the auction procedure of this case.

In the instant auction procedure, on June 2, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that each of the Defendants, a small lessee, who is a lessee of the amount of 4,866,894,464, who is the date of distribution, distributes the amount of 11,70,000 won from the sales price of each leased real estate in the order of 1,70,000 won, and 3,805,338,973 won from the sales price of the first real estate and 493,127,477 won from the sales price of the second real estate and 3,805,338,973 won from the sales

On June 9, 2014, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the whole amount of distribution to the Defendants, etc., and filed the instant lawsuit.

【Partial Grounds for Recognition】 The defendant A and C are below the judgment as to the grounds for a claim, as to the respective entries and arguments in Gap evidence Nos. 1-1 through 4, Gap evidence Nos. 2, 3, 21 through 23.