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(영문) 대전지방법원 천안지원 2018.10.17 2018가단104067
배당이의
Text

1. A distribution schedule prepared on April 12, 2018 by the above court with respect to a compulsory auction case of real estate D in the Daejeon District Court Branch D.

Reasons

1. Basic facts

A. The registration was completed in the following order with respect to the F.F. 662 square meters and the general wood structure of the above ground and the single-story single-story single-story single-story housing (hereinafter “instant real estate”) owned by Asan-si Co., Ltd. (hereinafter “E”) with respect to the registration of real estate.

① On December 27, 2013, the registration of transfer of ownership due to sale in the name of the non-party company (hereinafter referred to as “the provisional attachment”), ② on January 28, 2014, the registration of the decision of provisional attachment for securing the claim amounting to KRW 50 million by creditors G (hereinafter referred to as “G provisional attachment”). ③ on February 19, 2014, the registration of the decision of provisional attachment for preserving the creditor’s right to claim for cancellation of ownership transfer registration (hereinafter referred to as “provisional attachment”) ④ on February 24, 2014, the registration of the decision of provisional attachment for preserving the claim amounting to KRW 30 million by the creditor C (hereinafter referred to as “the provisional attachment of the defendant C”) ⑤ on May 11, 2016, the registration of the decision of compulsory commencement of provisional attachment transfer (hereinafter referred to as the “registration of provisional attachment”) to which the creditor G’s provisional attachment was made due to the provisional attachment registration (hereinafter referred to as the “registration of provisional attachment”).

B. Distribution of dividends to the Defendants and the Plaintiff’s objection to the distribution 1) Defendant B, on December 26, 2013, concluded a lease agreement under which the instant real estate was leased between the Nonparty Company and the Plaintiff on December 26, 2013 by setting the deposit amount of KRW 25 million, and the period from December 26, 2012 to December 26, 2015 (hereinafter “instant lease agreement”).

(2) On January 12, 2018, the court of execution recognized the Defendant B as the lessee on April 12, 2018, and received the fixed date at the same time. At the instant auction procedure, Defendant B filed a report on the right and demand for distribution by asserting that it is a housing lessee holding a claim to refund the deposit amount of KRW 25 million based on the said lease agreement at the court of execution.

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