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(영문) 수원지방법원안양지원 2014.10.02 2014가단100793
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Industrial Bank of Korea established the auction procedure and acquired the right to collateral security (hereinafter “instant apartment”) to secure the claim against C, the Industrial Bank of Korea established the 329-dong 803 (hereinafter “instant apartment”).

(2) On January 15, 2012, the Industrial Bank of Korea filed an application for a voluntary auction of the apartment of this case with the Suwon-gu District Court Ansan-do Branch on November 15, 2012. On November 16, 2012, upon which a decision to commence the voluntary auction (hereinafter “instant auction”) was rendered on November 16, 201, and registered on the same day on the same day.

3) After the commencement of the instant auction procedure, the Plaintiff acquired the right to collateral security from the Industrial Bank of Korea along with the secured claim. (b) After the instant apartment was sold at the auction procedure, the Plaintiff prepared a distribution schedule with the content that distributes KRW 83,077,552 in the order of priority to the Plaintiff on the ground that the Plaintiff is a small-sum lessee, as well as the Plaintiff, on January 20, 2014, the auction court determined the amount to be actually distributed as KRW 857,821,272 on the date of distribution held on January 20, 2014.

2) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of KRW 20,00,000 against the Defendant, and filed a lawsuit of demurrer against the distribution on January 27, 2014. (c) On May 7, 2011, the Defendant drafted a lease agreement with C, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 3.3 million, and the lease term of KRW 3 million from June 30, 201 to June 29, 2012.

(A) The lease contract under the above lease contract is the trade name of the E Licensed Real Estate Agent Office.

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