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(영문) 수원지방법원 2016.10.25 2016가단503721
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On September 22, 2006, C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) As to the instant real estate, the registration of seizure by the National Health Insurance Corporation on May 20, 2013; the registration of seizure by Suwon-si, Suwon-si, March 7, 2014; the registration of provisional seizure of KRW 5,751,349 on October 6, 2014; the registration of provisional seizure of KRW 70,656,226 on November 6, 2014 requested by Samsung Card Co., Ltd.; the registration of provisional seizure of KRW 16,489,560 on the claims by the Bank of Korea on November 28, 2014; the registration of provisional seizure of KRW 16,161,860 on December 23, 2014.

(3) On May 9, 2013, the Plaintiff completed the registration of creation of a mortgage over each of the maximum debt amount of KRW 406,00,000 and KRW 176,800,000 with respect to the instant real estate as the debtor C (hereinafter “mortgage”).

B. (1) On November 28, 2014, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with D Licensed Real Estate Agent E by setting the lease deposit amount of KRW 22 million with respect to the instant real estate as between D Licensed Real Estate Agent E, and completed the move-in report and the fixed date on December 1, 2014.

(2) At the time of the conclusion of the instant lease agreement, the Defendant paid the remainder to C in advance for the monthly rent of KRW 3 million for ten months, and the equipment and the renovation cost are responsible and permitted by C, and the renovation cost was determined to be settled at the time of the settlement and rent settlement by the Defendant.

C. On January 6, 2015, the Plaintiff applied for a voluntary auction on the instant real estate and rendered a voluntary decision to commence the auction to the Suwon District Court B.

(hereinafter “instant auction procedure”).

D. The instant auction court: (a) at KRW 506,930,648, the amount to be distributed actually on January 26, 2016, the Defendant was KRW 22 million and the Suwon-si’s jurisdiction.

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