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(영문) 의정부지방법원 2015.03.17 2014가단22512
배당이의
Text

1. Of the distribution schedule prepared on May 27, 2014 by the said court in the case of the Ku Government District Court C real estate auction.

Reasons

1. Basic facts

A. In order to secure the claim for loans to E, the Plaintiff completed the registration of creation of a mortgage over KRW 247,00,000 (hereinafter “instant collateral mortgage”) on November 28, 201 with respect to D apartment 601, 205.76 square meters owned by the Plaintiff (hereinafter “instant apartment”).

B. After the occurrence of arrears regarding the above loan obligations, the Plaintiff filed an application for voluntary auction on April 1, 2013 for the instant apartment to the Jung-gu District Court C based on the foregoing right to collateral security, and received a decision of voluntary auction from the above court on April 2, 2013.

(hereinafter “instant auction procedure”). C.

However, as of November 20, 2012, Defendant A prepared a lease agreement between Defendant A and E on the condition that the living room, room 2 partitions, and room 145 square meters (47 square meters) in the instant apartment among the instant apartment units be leased in KRW 20 million, and Defendant B and E on November 21, 2012, to lease approximately KRW 60 square meters in the room and bath room (18 square meters) among the instant apartment units in the amount of KRW 15 million among the instant apartment units, each of the move-in reports on December 4, 2012, and each of the fixed dates was completed on December 7, 2012, and each of the instant apartment units was demanded to file reports and demand each of the rights at the executing court in the instant auction procedure.

On May 27, 2014, the court of execution made a distribution of the amount of KRW 14,00,000 among the amount of KRW 177,841,611, which is to be actually distributed on the date of open distribution, to the Defendants who reported to the small lessee as the lessee of small claims in the first order. The court of execution made a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that the remaining amount of KRW 11,890,620 is to be distributed to the Plaintiff, who is the creditor of the claim for auction and the mortgagee of small claims, in the second order.

E. Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends against the Defendants on the date of distribution, and thereafter filed the instant lawsuit on June 2, 2014, one week thereafter.

[Ground of recognition] The fact that there is no dispute, and each number of Gap's 1 to 5 is included.

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