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(영문) 대전지방법원공주지원 2016.04.21 2015가단21737
배당이의
Text

1. On August 5, 2015, the same court shall apply to the Daejeon District Court's official branch court's official support, the S real estate auction case.

Reasons

1. Basic facts

A. On July 4, 2003, the National Federation of Fisheries Cooperatives changed the maximum amount of debt with respect to 1,040,000,000,000 won with respect to the underground boiler room 36.76 square meters (hereinafter collectively referred to as the “instant real estate”), and the debtor V (the debtor of the right to collateral security was a W on May 31, 2005, to X-do, and to X-do, the 4th floor and accommodation facilities of reinforced concrete slab roof, the 524.82 square meters, the 524.82 square meters, the 2,3th floor restaurants, and the 492.76 square meters, respectively, of the 1st floor, the 491.36 square meters, and the 36.76 square meters in the underground boiler room (hereinafter referred to as the “instant real estate”).

B. On July 11, 2012, the Daejeon District Court rendered a voluntary decision to commence the instant real estate auction (S) upon the application of the National Federation of Fisheries Cooperatives.

C. The remaining Defendants, other than Defendant P, Q and R, and T filed a report on the right to claim the return of each leased deposit and demand for distribution, prior to October 15, 2012, by asserting that the instant real estate was leased by W orY from the owner of the instant real estate, as indicated in the lease status by lessee in attached Table 1, in the aforementioned voluntary auction procedure.

After the decision on commencement of the voluntary auction, the Plaintiff took over the status of the National Federation of Fisheries Cooperatives in the above voluntary auction procedure.

E. On August 20, 2015, the said court presented the attached Table 2 (hereinafter “instant distribution schedule”) on the date of distribution of the said voluntary auction procedure.

The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the remaining Defendants other than Defendant P, Q and R in the said distribution schedule, and filed the instant lawsuit on August 26, 2015.

F. Meanwhile, after reporting the above rights, T died before the Plaintiff filed the instant lawsuit, and there is Defendant P, Defendant Q and R as his/her heir.

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