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(영문) 수원지방법원여주지원 2017.05.16 2016가단8765
배당이의
Text

1. It was prepared by the said court on October 12, 2016 with respect to the case of voluntary auction of real estate E in Suwon District Court branch E.

Reasons

Facts of recognition

On March 28, 2013, the branch credit union completed the registration of establishment of a collateral security, which is the maximum debt amount No. 513,500,000, with respect to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), which was owned by G, as set forth in the Suwon District Court No. 13201.

The plaintiff completed a supplementary registration before the right to collateral security (No. 32999) on September 24, 2015, which was received on September 24, 2015, due to the transfer of confirmed claim.

Defendant A completed the registration of establishment of chonsegwon from May 27, 2013 to May 28, 2015, on the ground of a contract establishing the same real estate as of May 28, 2013, as of May 28, 2013, as of May 28, 2013, the term of 120,000,000 won, and the term of 27, 2013 to May 28, 2015.

The registration of the establishment of the right to lease on a deposit basis of Defendant A was cancelled on November 10, 2014 due to the cancellation of the same date.

On June 26, 2015, a decision to commence voluntary auction was made on the instant real estate, and the proceeds therefrom was sold to I during the auction procedure and paid.

The defendant A, the defendant B, and the networkF claimed that they are the small lessee of the deposit amount of 30 million won in the distribution procedure of the proceeds of sale.

In addition, the distribution schedule prepared by the said court as of October 12, 2016 (hereinafter “instant distribution schedule”), the said court received dividends of KRW 14 million as a small lessee who is a person with the first priority distribution right, respectively, and the Plaintiff, as a person with the fourth priority distribution right, as a person with the fourth priority distribution right, received dividends of KRW 78,796,622, which is 14.28% of the amount of demand for distribution, out of KRW 513,50,000,000.

The Plaintiff raised an objection to the instant distribution schedule on the date of distribution opened on October 12, 2016, from the distribution branch of Suwon District Court.

On May 11, 2015, the networkF died and succeeded to its property by J and Defendant C, D, and A, their spouse.

In addition, the J died on December 12, 2016, and the defendant C, D, and A inherited their properties as their children.

(Reasons for Recognition) Defendant A, B, and D: Defendant C, each of the evidence of Nos. 1 through 6 (including each number).

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