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(영문) 인천지방법원 2015.10.07 2015가단35286
배당이의의 소
Text

1. Of the distribution schedule prepared by the said court on June 16, 2015 in the auction procedure of the real estate B in this Court, against the Defendant.

Reasons

1. Basic facts

A. On January 20, 2014, Nonparty C entered into a lease agreement with the Defendant for a period of two years from February 15, 2014, with the broker G, as the owner of the building Nos. 201, 1204, 1204 (hereinafter “instant building”) in Yeonsu-gu Incheon Metropolitan City D and E (hereinafter “instant building”). The Defendant entered into a lease agreement with the Defendant for a period of two years from January 20, 2014.

1. 23. The same year after obtaining a fixed date in the above lease contract;

2. He shall complete a move-in report; and

B. According to the confirmation of the offering price of the KCABA Co., Ltd. (hereinafter “Nonindicted Bank”), the sale price of the instant building (as of January 15, 2014) was roughly KRW 197,500,000 to KRW 197,500,000,000 and KRW 125,000,000,000 from KRW 100,000,000,000,000,000,000. The above building had already been registered as a joint collateral for two mortgage (the maximum bond amount of KRW 96,000,000 and KRW 45,000,000,000) in close to the time when the lease was concluded, the Plaintiff’s provisional attachment (the claim amount of KRW 150,072,972) was executed on November 15, 2013, Nonparty 200,00,000

(A) On January 22, 2014, the day before the above fixed date was obtained by the Defendant, the registration of seizure of the Namcheon Tax Office was completed. (C)

On July 8, 2014, due to the default of debt C, the auction (this court B) was initiated on the instant building on July 8, 2014, and nine (1) seizures including the Credit Guarantee Fund were added before and after the commencement of the auction.

On June 16, 2015, the execution court distributed the top priority repayment amount of KRW 16 million to the defendant who applied for a demand for distribution as a small lessee on the date of distribution as of June 16, 2015.

(The plaintiff was present on the date of the above provisional seizure and raised an objection against the full amount of the defendant's dividends as the person holding the provisional seizure. [The grounds for recognition: the entries of evidence A1 to 7, and the purport of the whole pleadings]

2. Prior to the determination of the cause of the claim, the Defendant is together with the facts.

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