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(영문) 인천지방법원부천지원 2016.09.09 2016가단106799

배당이의

Text

1. It was drawn up by the above court on May 10, 2016 with respect to the auction case of the real estate B located in Incheon District Court.

Reasons

1. Facts of recognition;

A. On December 15, 2014, the Plaintiff is a creditor of the network C who executed provisional attachment with the claim amounting to KRW 42,500,000 with respect to D Apartment-dong 204 (hereinafter “instant apartment”). The Defendant is a mother of the network C.

B. On November 11, 2015, the Plaintiff filed a lawsuit against F, G, H, and I, the heir of E Co., Ltd. and the network C, with the Seoul Central District Court 2015da5106328, and rendered a judgment on November 11, 2015 that “Defendant E Co., Ltd. and Defendant E Co., Ltd, jointly and severally with the Defendant E Co., Ltd, with the amount of KRW 6,706,522, among them, Defendant G, H, and I paid the amount of KRW 4,471,015, among them, and the amount of KRW 15% per annum from March 5, 2015 to August 23, 2015; from August 24, 2015 to September 30, 2015; and from October 15, 2015 to September 15, 2015.”

C. On March 23, 2015, the Busan District Court rendered a voluntary decision to commence the auction on the instant apartment on March 23, 2015 at the request of the creditor Industrial Bank of Korea.

The defendant on May 11, 2015.

On January 6, 2012, at the auction procedure (hereinafter “instant auction procedure”) pending according to the decision under paragraph (1), concluded a lease agreement with the deceased C on the instant apartment, and concluded a report on the right to KRW 50,000,000 as deposit money and a demand for distribution, by asserting that the instant apartment is occupied and used upon delivery from January 10, 2012.

E. The subsidiary branch court of the Incheon District Court is the first order of 20,000,000 won reported to the Defendant as the lessee on the apartment of this case among KRW 144,540,940, which is the actual amount to be distributed on May 10, 2016, and the third order of 30,000 won as the heir of the deceased C, G, and I, on the ground that the applicant creditor and the successor of the Industrial Bank of Korea as the applicant creditor are the second order of 87,675,314 won, and the third order of 30,00,000 won as the lessee with a fixed date to the Defendant.