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(영문) 의정부지방법원고양지원 2015.06.19 2014가단36316
배당이의
Text

1. On October 17, 2014, the above court was drawn up with respect to the auction case of the real estate B in Gyeyang-gu District Court Goyang-gu.

Reasons

1. Basic facts

A. 1) The Defendant is to prepare, etc. a distribution schedule. D 802, 1305,000,000,000 owned by C (hereinafter “instant apartment”).

A) As to the right to collateral security (hereinafter “the right to collateral security of this case”) established on January 18, 2007 by the Goyang-gu District Court, Goyang-gu District Court, Goyang-do Office of 273,600,000 won (hereinafter “the right to collateral security of this case”).

(2) On January 28, 2014, the Plaintiff filed an application for a voluntary auction on the instant apartment on the basis of the registration of creation, and on January 28, 2014, the Plaintiff filed an application for a voluntary auction on the instant apartment. The auction procedure following the said voluntary auction decision on the commencement of auction

(2) In the instant auction procedure, the Defendant, who is the applicant creditor, prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant would distribute the total amount of KRW 214,836,624, which is the actual amount to be distributed on October 17, 2014.

3) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendant’s dividend amount of KRW 12 million, and filed a lawsuit of demurrer against the distribution on October 23, 2014. (b) On August 28, 2013, the Defendant entered into a lease agreement with C as a broker of F of the E Licensed Real Estate Agent Office located in Incheon, and entered into a lease agreement, etc. (i) the lease deposit for the instant apartment building owned by C is KRW 18 million (the contract deposit amount of KRW 1.8 million shall be paid on the date of the contract, the remainder of KRW 16.2 million shall be paid on September 30, 2013; the remainder of the contract deposit shall be adjusted under an agreement; and the lease period shall be from September 30, 2013 to May 29, 2015 (hereinafter “the lease agreement”). After having completed the move-in report on September 23, 2013.

2) The Defendant paid KRW 1.8 million as the lease deposit under the instant lease agreement, and KRW 1.8 million as of September 22, 2013, and KRW 1.6.2 million as of September 23, 2013. The Defendant was handed over the instant apartment around September 23, 2013. (3) The Defendant resided in the instant apartment, while living in the instant apartment.

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