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(영문) 서울북부지방법원 2015.08.13 2014가단41619
배당이의
Text

1. A distribution table prepared on October 15, 2014 by the same court with respect to the auction of real estate B by the Seoul Northern District Court.

Reasons

1. Basic facts

A. On February 10, 2010, in order to ensure the payment of the price for the goods when supplying computers and peripheral devices to D Co., Ltd., a representative director, the Plaintiff (Co., Ltd.) completed the registration of the establishment of the second priority class of KRW 100,000 with respect to the apartment as indicated in the attached real estate owned by C (hereinafter “instant apartment”) on February 10, 2010.

B. On March 4, 2014, the Plaintiff filed an application for voluntary auction on the instant apartment based on the foregoing right to collateral security, and the Seoul Northern District Court B initiated the procedure of voluntary auction on real estate.

C. On February 10, 2014, the Defendant entered into a lease agreement with C on the instant apartment (hereinafter “the instant lease agreement”) with C, with a deposit of KRW 34,00,000 (the deposit of KRW 5,000,000 on the date of the contract, the remainder of KRW 29,000,000 on the date of the contract, and the remainder of KRW 30,000 on the date of March 30, 2014), and the lease agreement with C from March 30, 2014 to March 30, 2016 (hereinafter “the instant lease agreement”), and paid KRW 5,00,000 on the day of the contract, and transferred KRW 30,000,000 on February 11, 2014 following the date of the move-in report with the fixed date on the instant lease agreement and completed the move-in report on the same day.

In distributing the amount of KRW 315,789,254, which is the date of distribution on October 15, 2014, the above auction court prepared a distribution schedule that distributes the amount of KRW 20,000,000 to the defendant as a small lessee of small amount, and the plaintiff, who is the right to collateral security, was in the third order, to distribute KRW 55,27,598 to the plaintiff, who is the right to collateral security, and the plaintiff raised an objection against the whole amount of distribution to the defendant on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4, the purport of whole pleadings

2. Determination

A. The plaintiff's main purport of the plaintiff's assertion is to delete the defendant's dividends from the defendant's ground that the defendant is the most lessee and distribute them to the plaintiff, and to seek correction of the distribution schedule.

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