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(영문) 서울동부지방법원 2015.07.10 2014가단42654
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 22, 2014 with respect to the case of voluntary auction of real estate B in Seoul Eastern District Court.

Reasons

1. Basic facts

A. In order to secure the claim for a loan to C (D prior to the opening of a name), the Plaintiff completed the registration of the establishment of a collateral (hereinafter “mortgage”) of the obligor C and the maximum debt amount of KRW 637,000,000, based on the contract concluded on April 8, 201 with the Seoul Eastern District Court No. 20487, Apr. 8, 201, as to the E-building No. 101, 1404 (hereinafter “instant building”).

B. On April 27, 2012, the Plaintiff filed an application for a voluntary auction of real estate with the Seoul Eastern District Court B regarding the instant building based on the instant right to collateral security, and received a voluntary decision to commence the auction from the said court.

(hereinafter “instant auction procedure”). C.

At the instant auction procedure on November 1, 201, the Defendant filed a report on the right and filed a demand for distribution with respect to KRW 25,00,000, which is within the scope of the first priority repayment right, by asserting that he/she is a small lessee who leased one room on the left-hand side of the entrance of the instant building at KRW 50,000,000, among the instant buildings.

On August 22, 2014, the court of execution prepared a distribution schedule (hereinafter referred to as the “instant distribution schedule”) with respect to the amount of KRW 447,903,255, which is to be actually distributed on the date of distribution as of August 22, 2014, to the Defendant, the lessee of small claims, who is the lessee of small claims, KRW 25,00,000,000, and KRW 392,450, and KRW 422,410,805, which is the mortgagee of small claims, in the second priority order, to the Defendant, the holder of the second priority (the pertinent tax), who is the mortgagee, in the third priority.

E. On the date of the above distribution, the Plaintiff raised an objection against the amount of distribution to the Defendant.

On August 28, 2014, a week thereafter, filed a lawsuit of demurrer against distribution of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, Gap evidence 4-1, Gap evidence 6, Gap evidence 13, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is to receive a small amount of lease deposit under the Housing Lease Protection Act.

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