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(영문) 서울중앙지방법원 2018.04.25 2016가단5144112

배당이의

Text

1. A distribution schedule prepared on June 17, 2016 by this Court with respect to the case of compulsory auction (D, E, F (Dual) of C real estate in this Court.

Reasons

1. Facts of recognition;

A. H owns 1/2 of the buildings listed in the separate sheet of real estate (hereinafter referred to as “instant 201”) and 1/2 of the buildings listed in paragraph (2) among multi-household houses on the land outside Dongjak-gu Seoul Metropolitan Government I and multi-household houses on the land.

The remainder of Nos. 201 and 301 of this case is owned by J. 1/2.

B. From October 26, 2011, H, together with the Defendant (Appointed Party; hereinafter “Defendant”), has occupied the instant Nos. 201 and the instant Nos. 301 jointly with the Defendant (Appointed Party; hereinafter “Defendant”) from March 27, 2012, and second, from March 27, 2012, K’s spouse G.

J filed a lawsuit claiming return of unjust enrichment against H, the Defendant, and the Selection G, by 2012 Ghana547620, and by filing a lawsuit claiming return of unjust enrichment due to the possession and use of the foregoing H, etc. 201 and 301.

Although H et al. appealed against this, the appellate court (this Court 2013Na35664) rendered a judgment of winning part of the J, which became final and conclusive around that time.

C. L was decided to commence a compulsory auction on November 22, 2012 with respect to H-ownership shares of this case Nos. 201 and 301

(D) In the above auction case, ① the Defendant filed a report on the right and demand for distribution as a lessee, along with the lease agreement from November 1, 2011 to October 31, 2013, the contract date to October 21, 201, and the lease agreement from October 21, 201. ② The Selection G made a report on the right and demand for distribution as a lessee, along with the lease agreement from February 20, 201 to February 19, 201, and the lease period from February 20, 2012 to February 19, 2014, and January 16, 2012.

A written investigation of the current status submitted at the above auction case: ① the Defendant, the lessee, from October 28, 201, occupies the instant subparagraph 201 to October 28, 201; the date of the transfer of KRW 200 million and the fixed date shall be October 26, 201; ② G, the lessee, from October 26, 201, occupied the instant subparagraph 301 from the date when G, the lessee, has occupied from the date of the transfer; and the deposit shall be the date of transfer of KRW 90 million and the fixed date shall be March 27, 2012.