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(영문) 의정부지방법원 2016.08.17 2015가단44687
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On March 2, 2015, the Plaintiff entered into a lease agreement with D, the owner of the instant housing listed in the attached Table (hereinafter “instant housing”) to lease KRW 15,00,000 for the lease deposit and KRW 300,000 for the rent.

The Plaintiff completed a move-in report on the instant house on March 17, 2015, and received a fixed date in the lease contract on the same day.

As to the instant housing, the Defendant Seoul Livestock Industry Cooperatives (hereinafter “Defendant Livestock Industry Cooperatives”) completed the registration of establishment of a mortgage on June 26, 2013 with the maximum debt amount of KRW 132,00,000,000, the debtor D, and the Defendant B completed the registration of establishment of a mortgage on September 18, 2014 with the maximum debt amount of KRW 30,000,000,000, and the debtor D’s second priority priority of the debtor D.

The Seoul National Federation applied for an auction for the exercise of the right to collateral security (hereinafter “instant auction case”) against the above right to collateral security, and the above court rendered a decision to commence auction on March 30, 2015, and completed the registration of the above decision on the same day.

In the instant auction case, the Plaintiff made a demand for distribution of KRW 14,00,000 within June 15, 2015, which is the completion period to demand a distribution.

In the auction case of this case, on December 14, 2015, the above court drafted a distribution schedule with the contents as indicated below.

The plaintiff appeared on the date of the above distribution, and made an objection against the total amount of dividends to the defendant B and the amount of dividends to the defendant Seoul Livestock Cooperative amounting to KRW 8,482,067, respectively, and filed the lawsuit of this case within one week thereafter.

The purport of the whole pleadings and arguments by the creditor of the Seoul District District Court as to the Defendant B’s dividends of KRW 51,130,130,125,591,746,517,933 [based on recognition] of the absence of any dispute, Gap, 2, 8, 9, and 12;

2. The assertion and judgment

A. The plaintiff's assertion is about KRW 14,00,000 among the lease deposit under the Housing Lease Protection Act.

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