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(영문) 울산지방법원 2015.07.17 2014가단29635
배당이의
Text

1. The distribution schedule prepared by the above court on October 30, 2014 with respect to B real estate compulsory auction cases in Ulsan District Court B.

Reasons

1. Basic facts

A. On November 2007, Nonparty C acquired the land D (hereinafter “instant land”) and the building on the second floor above that ground (hereinafter “instant building”).

B. Around December 2013, the Korea Credit Guarantee Fund acquired an executive title as a monetary claim against C applied for a compulsory auction on the land and buildings owned by C, including the instant land and buildings, and the compulsory auction on the above application was commenced.

(Ulsan District Court B; hereinafter referred to as the auction of this case).

Before the completion date of the demand for distribution of the instant auction, the Plaintiff asserted that he/she is a lessee with preferential right to payment based on the “lease Contract dated October 21, 2012,” with respect to two partitions of the second floor of the instant building to the said dividend court, and submitted a written demand for distribution, stating “10 million won for lease deposit, 200,000 won for monthly rent, 200,000 won for monthly rent, October 21, 2012 from the date of possession, November 20, 2012 from the date of transfer, and December 12, 2012.”

The “Lessee” column of the “Lessee’s lease agreement (hereinafter “instant lease agreement”) on October 21, 2012, stating the foregoing details attached to the said written demand for distribution, is marked with Nonparty E’s signature and seal affixed thereto, and the “agent” column bears the Plaintiff’s signature and seal affixed thereon.

On October 30, 2014, the instant auction court prepared a distribution schedule (hereinafter referred to as the “distribution schedule”) to the effect that, on the date of distribution, the Defendants, such as those holding a provisional attachment on the instant land, building, persons holding a right to preferential reimbursement, persons holding a right to demand a distribution, and creditors applying for a distribution, distributed the amount indicated in the attached Table “Distribution” as indicated in the attached Table to the effect that the Plaintiff excluded the Plaintiff from dividends

E. The Plaintiff appeared on the date of the above distribution and raised an objection against the money indicated in the [Attachment List] column among the Defendants’ dividends, and filed the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap 1, 5, 8, the purport of the whole pleadings

2. The parties' arguments and judgments.

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