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(영문) 서울북부지방법원 2016.12.22 2015가합3079
배당이의
Text

1. Defendant B and Nonparty D entered into a contract on June 15, 2013 with respect to the second floor of the real estate listed in attached Table 2.

Reasons

1. Basic facts

A. On June 17, 2013, Nonparty D: (a) leased each real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”) with the lease term of KRW 53.5 square meters on the second floor of the building from July 15, 2013 to July 14, 2015; (b) the lease deposit of KRW 25 million; and (c) the rent of KRW 350,000 per month.

(hereinafter “instant lease agreement 1”). B.

D) On October 31, 2014, the maximum debt amount of KRW 71,50,000, the debtor F, the debtor F, the mortgagee C, the defendant C, the ground for registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) based on the contract on October 27, 2014, the establishment of a mortgage of this case (hereinafter “the establishment of a mortgage of this case”) was completed on October 27, 201, the same day, the maximum debt amount of KRW 351,00,000,000, the mortgagee A (the mortgage of this case), the debtor A (the mortgage of this case), the grounds for registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”).

C. On December 4, 2014, the Plaintiff filed an application for the commencement of compulsory auction procedure for the instant real estate with the Seoul Northern District Court E, based on the executory exemplification of the judgment claiming the Seoul Central District Court 2009Gahap112560 transfer money (the damages calculated by the rate of 23% per annum from December 4, 2014 to the day of full payment for KRW 548,843,835 as well as KRW 200,00 as to KRW 200,00 among the claims, and the damages for delay calculated by the rate of 23% per annum from December 4, 2014 to the day of full payment). On December 10, 2014, the said

(hereinafter “instant auction procedure”). C.

The instant real estate was sold in KRW 415,560,000 at the above auction procedure on August 31, 2015.

On October 15, 2015, the above court prepared a distribution schedule of 409,931,903 won, which was the date of distribution, and the contents related to the parties to the instant case are as follows:

(hereinafter “instant distribution schedule”). Defendant B 16,000,000 of the 16,000 tenant of the 1st priority tenant of the 1st priority tenant of the 1st priority tenant of the 6th priority tenant of the 6th priority tenant of the 32,000,000 Defendant B B, Defendant C 6 lessee of the 6th tenant of the 6th priority tenant of the 32,000,000 (land) (land) (land) and Defendant C7 mortgagee of the 54,531,500 (land) and Defendant C7 mortgagee of the 54,531,500, Defendant A77.

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