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(영문) 수원지방법원성남지원 2016.05.20 2015가단211325

배당이의

Text

1. Of the distribution schedule prepared on June 4, 2015 by the said court in the Suwon District Court-nam District Court B's auction of real estate B.

Reasons

1. Basic facts

A. The No. 63345, Oct. 6, 201, No. 63345, which was received as of October 6, 201, with respect to the apartment of this case owned by Suwon District Court, the Nonghyup Bank Co., Ltd. established a collateral security right of KRW 4608,000,000, for

The Plaintiff acquired the aforementioned secured debt from the Nonghyup Bank Co., Ltd.

B. On July 29, 2014, the Nonghyup Bank Co., Ltd. applied for voluntary auction to Suwon District Court Sung-nam Branch B based on the foregoing collateral security (hereinafter “instant auction procedure”) and started on July 29, 2014.

C.1) In the instant auction procedure on October 2, 2014, the Defendant (hereinafter “former Lease Agreement”) concluded a lease agreement with the rental deposit of KRW 300 million (hereinafter “former Lease Agreement”) with respect to the instant apartment from March 31, 2011 to March 30, 201, and from March 28, 2011, with respect to the instant apartment from March 31, 2011 to March 30, 201.

(3) However, among the instant apartment units (hereinafter “instant lease agreement”), a lease agreement is concluded between July 18, 2014 and July 17, 2016 and KRW 55 million on a monthly basis (hereinafter “the instant lease agreement”) with the lease period of KRW 1 million from July 18, 2014 to July 17, 2016.

(2) Around September 18, 201, the Plaintiff entered into a lease agreement with KRW 1.3 million between July 19, 201 and July 18, 201, on November 25, 201, with the purport that he/she was registered as a housing lease on March 4, 201. Meanwhile, on September 25, 2014, E entered into a lease agreement with KRW 1.3 million from July 19, 2014 to July 18, 2016 on the instant apartment among the instant apartment units, with the content that he/she was registered as a housing lease agreement with the effect that he/she was registered as a housing lease agreement. On July 21, 2014, E was reported as the content of the move-in report on September 25, 2014 and the content that he/she received a demand for distribution on July 18, 2014.

On the date of distribution implemented on June 4, 2015, the said court drafted a distribution schedule as follows (hereinafter “instant distribution schedule”).

The creditor-based lessee 123 reasons for the order of dividend of the plaintiff-based creditor-based creditor.