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(영문) 서울북부지방법원 2015.09.11 2015가단118844
배당이의
Text

1. The Seoul Northern District Court C, D (Consolidated) auction case was prepared on May 14, 2015 by the above court.

Reasons

1. Basic facts

A. On May 30, 2014, the Seoul Northern District Court C of Seoul Northern District Court, on May 30, 2014, with respect to the 302nd floor G of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (No. 5 of the dividend article number; hereinafter “the du-story building of this case”) owned by E and F, the auction procedure for real estate was initiated.

B. During the above voluntary auction procedure, the execution court distributed the amount of KRW 164,687,628 to be actually distributed after deducting the execution cost from the proceeds and interest of the instant sub-building; KRW 309,390; KRW 871; KRW 80,000; KRW 80; KRW 80,000; and KRW 1,613,50; KRW 509; KRW 113,095; KRW 113,095; KRW 1,54,867; and KRW 1,54,867 to the Plaintiff, a lessee, a lessee, at the second priority mortgagee, to the Seoul Credit Guarantee Foundation.

C. On December 30, 2013, the Plaintiff appeared on the date of distribution and raised an objection to the full amount of the dividend for the claims of the Korea Credit Guarantee Fund, Han Bank, and Defendant Nowon-gu, as well as KRW 71,709,633 out of the dividend for Defendant B.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) On May 4, 201, the Plaintiff was a lessee who received the date of the move-in report to “Seoul Nowon-gu Seoul Nowon-gu 302,” and the Plaintiff was a lessee who received the fixed date. The number of houses was omitted due to the mistake by the public official in charge of the Defendant Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and was erroneously recorded in the resident registration card only as “Seoul Special Metropolitan City, Nowon-gu G.” As the Plaintiff discovered and corrected it in the instant auction procedure, it should be deemed that the Plaintiff was registered as a resident on the instant sub-story on the date of the first move-in report. 2) Defendant B later leased the fourth floor of the instant sub-story building on around October 4, 201 and was lower than

3. Accordingly, the plaintiff is the defendant, Nowon-gu.

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