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(영문) 의정부지방법원 2018.07.19 2015가단125418

배당이의

Text

1. As to the case of request for a voluntary auction of real estate, this Court drawn up on December 14, 2015.

Reasons

Basic Facts

A. In the auction procedure of real estate rent, the above court opened a date of distribution on December 14, 2015 and prepared a distribution schedule with the following contents:

The creditor of the creditor of the defendant A-B (Small Lessee, the person holding the right to deliver, and the person holding the right to deliver, the third party) The Nonghyup Bank (B) the Hancheon Bank Co., Ltd. (B) the amount of dividends of KRW 12,000,000,000, 2,200,200, 34,069,953, 969,039,037,804, 1,123,063,641, 100, 100% of the dividends of KRW 30.76% of the 87.78% of the 93.59% of the amount of dividends of KRW 969,00,00,00,000,000, 2,2000, 2000, 2,003,063,641

B. The subject matter of the auction in the case of the said application for the auction of the said real estate is comprised of ① 767 square meters in Gangwon-do E (Road Name Address F), ② 48 square meters in the capacity of 1st, 46.73 square meters in the capacity of storage and treatment facilities for dangerous substances of the single floor of the steel framed and the instant ground 1st, 522,223 square meters in the capacity of 1st, 46.73 square meters in the capacity of disposal facilities, ③ 98.7 square meters in the same ground tank, 1st, 5th, 5th, 67.24 square meters in the capacity of storage and treatment facilities for dangerous substances of the instant ground 1st, 46 square meters in the capacity of 1st, 33 square meters in the oil tank, 33 square meters in the petroleum sales, and 98.7 square meters in the capacity of petroleum sales, and 946.35 square meters in the above ground.

(5) The above real estate is "one real estate of this case" and the above (2) and (3) the real estate is combined with each other (hereinafter "the two real estate of this case").

In the auction procedure of the above real estate, Defendant A was a small lessee of KRW 20,000,000 for the instant real estate, and Defendant B made a demand for distribution as a small lessee of KRW 30,000,00 for the instant real estate as to the instant two real estate.

On April 22, 2014, the Plaintiff subrogated for 69,032,814 won for the joint and several liability obligations of I, the owner of the above real estate subject to the auction. On the date of distribution of the above real estate auction application case, the Plaintiff raised an objection against the Defendants’ whole amount of dividends.

E. Meanwhile, the non-party Credit Guarantee Fund is also a person holding a provisional attachment on the date of distribution.