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(영문) 서울북부지방법원 2016.12.01 2016가단20364
배당이의
Text

1. A distribution table prepared by the same court on May 13, 2016 with respect to the Seoul Northern District Court B real estate auction case.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 5, Eul evidence No. 2, and witness D's testimony and the purport of the whole pleadings.

The Plaintiff, around November 201, lent D KRW 835 million to D on November 8, 2010, set up a collateral of KRW 21.5 million with respect to the instant real estate owned D as collateral (the market price of KRW 250 million) with respect to the maximum debt amount of KRW 250 million.

B. On the other hand, on October 6, 201, after acquiring the ownership of the instant real estate on December 30, 201, C prepared the instant lease agreement (Evidence A), which was leased between the Defendant and KRW 50 million with an average lease price of approximately KRW 1550,6 million, and between November 6, 2014 and November 6, 2015, with the term of lease fixed from November 6, 2014 to KRW 5 million. The said lease agreement states that the Defendant paid KRW 5 million to C on October 6, 2014, and that the Defendant pays KRW 45 million remaining on November 6, 2014.

C. On the other hand, when the instant lease agreement was concluded, the instant real estate A.

On August 24, 2012, in addition to the plaintiff's right to collateral security, the registration of the establishment of a neighboring mortgage (the maximum amount of KRW 100 million, the debtor C, the mortgagee D), the attachment of Dongdaemun-gu Seoul Metropolitan Government on February 7, 2014, the attachment of the National Health Insurance Corporation on June 12, 2014, the provisional attachment of Taeyang UN Co., Ltd. on June 27, 2014 (the claimed amount of KRW 135,369,060) was respectively registered.

The Defendant: (a) drafted and received receipts from November 28, 2014 and receipts from March 3, 2015 (Evidence No. 2) for KRW 45 million from the instant lease deposit; and (b) filed a move-in report on the instant real estate on March 3, 2015.

E. On June 1, 2015, the instant decision to commence the auction was made, and the auction court, on May 13, 2016, prepared a distribution schedule with the premise that the Defendant is a lessee of the instant real estate, under the premise that the Defendant is a lessee of the instant real estate, that the Defendant distributes the amount of KRW 25 million to the Defendant, and that the Plaintiff distributes the amount of KRW 163,752,448 to the Plaintiff, and the Plaintiff is the Defendant on

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