beta
(영문) 인천지방법원부천지원 2015.10.21 2015가단101681

배당이의

Text

1. Of the distribution schedule prepared on January 26, 2015, the Incheon District Court Branch C real estate auction case against the defendant.

Reasons

1. Basic facts

A. On April 23, 2014, the procedure for an auction case stated in the claim(hereinafter “instant auction procedure”) was initiated regarding D’s real estate (hereinafter “instant real estate”) and sold to a third party.

B. At the time of the sale, a large number of security rights was established on the instant real estate, and major details were as follows.

1. The maximum debt amount set up on August 25, 2010, KRW 33,600,00 of the maximum debt amount set up on August 25, 201, KRW 21,600,000 of the maximum debt amount set up on August 1, 201, the debtor D, the National Agricultural Cooperative Federation of the National Agricultural Cooperative Federation of the Korea National Federation, and KRW 3rd-mortgage (hereinafter “instant chonsegwon”) on July 27, 2012, the deposit amount set up on July 27, 2012, KRW 75,000,000, the maximum debt amount set on July 27, 201, KRW 2,200, the duration of the mortgage set on May 18, 2014; KRW 50,000,000,000 of the maximum debt amount set on October 10, 2012; KRW 10,000,000,36,000 of the debtor;

B. On January 26, 2015, the auction court prepared the instant distribution schedule with the following order: (a) 65,625,000 won (total amount of the claim for distribution) to the Defendant; (b) 46,530,000 won (the entire amount of the claim for distribution) to F (the creditor for auction and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage) and (c) 50,642,209 won to the Plaintiff.

I asserted that he leased all the second floor of the instant housing from D with a deposit of KRW 75 million, and that he demanded the distribution of the amount equivalent to the deposit amount, but the auction court did not distribute the amount to I.

C. On the date of the above distribution, the Plaintiff stated an objection to the total amount of the dividend to the Defendant.

I also appears on the date of the above distribution, and on the total amount of KRW 65,625,00 against the defendant.