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(영문) 춘천지방법원영월지원 2017.05.24 2016가단10136
배당이의
Text

1. A distribution table prepared on January 21, 2016 by the above court with respect to the monthly branch court of the Chuncheon District Court C real estate auction cases.

Reasons

In fact, around September 2013, the Plaintiff leased (hereinafter referred to as the “instant lease agreement”) a lease deposit of KRW 30 million,000,000,000, and the lease term of KRW 30,000,000,000 from September 30, 2013 to September 30, 2015, which is owned by D (hereinafter referred to as “instant house”).

The Plaintiff completed a move-in report on December 11, 2013 on the instant house, and obtained a fixed date on December 11, 2013.

The Plaintiff resided in the instant housing along with G and G’s children, and H completed the move-in report on the instant housing on January 2, 2014.

The Plaintiff transferred from the instant housing on April 28, 2014, but completed the move-in report again on July 21, 2014.

On the other hand, on August 9, 2010, the Defendant was established with regard to the land of six parcels, including the site of the instant housing, as the maximum debt amounting to KRW 60 million D and the mortgagee as the defendant.

With respect to the land of six parcels, including the site of the instant housing, on July 16, 2014, the Yeongdeungpo-gu Credit Cooperatives, a senior mortgagee, filed an application with the Defendant, and the auction of real estate rent C (hereinafter “instant auction”) was commenced on July 16, 2014. On August 21, 2014, the Plaintiff claimed a distribution as a lessee.

In the auction of this case, the land of this case was appraised at KRW 118,580,00, and KRW 14,937,000, and KRW 14,937,00, in consideration of the housing of this case. The above real estate was sold at KRW 54,879,50.

On January 21, 2016, the above court distributed KRW 50,412,712 to the Young Credit Union of KRW 70,602,387, which was to be actually distributed except for the Plaintiff, and KRW 20,189,675 to B, on the grounds that the Plaintiff re-transfered after the commencement date of auction.

Accordingly, the plaintiff raised an objection against the 12 million won out of the amount of dividends of the defendant and filed the lawsuit in this case.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 7 through 10, 13 through 19, 21 (including paper numbers; hereinafter the same shall apply), Eul 1, 2 and 9, and the purport of the whole pleadings is asserted by the parties concerned.

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