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(영문) 인천지방법원 2018.04.24 2017가단29483
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 18, 2017 with respect to the case of the voluntary auction of real estate E in the Incheon District Court.

Reasons

1. Basic facts

A. On December 17, 2015, the Plaintiff granted a loan of KRW 55,00,000 to Nonparty F, thereby securing the obligation for the said loan, and registered the establishment of a mortgage on the 6th floor (hereinafter “instant real estate”) of H Apartment I-dong, Seo-gu, Incheon, which is owned by the F on December 18, 2015, with respect to H apartment I-dong (hereinafter “instant real estate”) located in Seo-gu, Incheon.

In addition, on December 17, 2015, the Plaintiff loaned KRW 44,000,000 to F to secure the obligation of the said loan, and on December 18, 2015, the Plaintiff completed the registration of creation of a mortgage on the instant real estate, which was 57,200,000 for the maximum debt amount.

B. On January 19, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) between F and F with regard to the instant real estate, between KRW 30,00,000, and the lease term from January 30, 2016 to January 29, 2018, and completed the move-in report on February 5, 2016.

C. As F delayed repayment of the principal and interest of a loan, the Plaintiff filed an application for commencement of voluntary auction on the instant real estate with the Incheon District Court E on July 21, 2016, and accordingly, on July 22, 2016, the voluntary auction procedure on the said real estate (hereinafter “instant auction procedure”). On July 29, 2016, the Defendant asserted as a small lessee under the Housing Lease Protection Act and filed an application for report on the right and demand for distribution.

On August 18, 2017, the enforcement court distributed KRW 27,00,00 (1st order) on the premise that the defendant is a small lessee under the Housing Lease Protection Act, among KRW 102,097,029,029, the amount to be actually distributed to the court of execution, and distributed KRW 144,90,820,000 each to the Seo-gu Incheon Metropolitan City and Seo-gu Incheon Metropolitan City, which is the issuing authority, the vice governor of the Suwon-do and the National Health Insurance Corporation, respectively, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 66,747,869 to the plaintiff.

E. On August 18, 2017, the Plaintiff appeared on the date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and on August 24, 2017, the period between seven days and seven days thereafter.

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