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(영문) 춘천지방법원 2015.06.25 2015가단1041
배당이의
Text

1. Of the distribution schedule prepared on February 3, 2015 by the above court with respect to the case of application for compulsory auction of real estate C in the Chuncheon District Court C.

Reasons

1. Basic facts

A. On February 12, 2012, the Plaintiff leased the building indicated in the separate sheet (hereinafter referred to as “instant building”) from Sam Twit Trading Co., Ltd. (hereinafter referred to as “Nonindicted Company”) by setting the lease deposit of KRW 33,000,000, and the lease period from March 12, 2012 to March 11, 2014. On March 12, 2012, the Plaintiff filed a move-in report to receive the instant building and obtained a fixed date on March 13, 2012.

B. On October 18, 2010, the Defendant leased the instant building from the Nonparty Company with the rental deposit of KRW 33,000,000, and the lease period of KRW 31,000 from October 31, 201 to October 31, 201, and received a fixed date after filing a move-in report on November 8, 201.

On May 7, 2012, the Defendant applied for the order of lease registration on the instant building as the Chuncheon District Court of 2012Kaman-gun4, the Chuncheon District Court of 2012 after the expiration of the lease term, and was decided to order the lease registration on May 7, 2012, stating that “The lease deposit of 33,00,000,000 won, the lease date of October 18, 2010, the lease date of resident registration date of October 8, 2010, the occupancy commencement date of October 31, 2010, the occupancy commencement date of October 31, 2010, and November 8, 2010 with the fixed date of the lease registration at its request, and the lease registration (hereinafter “the lease registration of this case”) was terminated on May 21, 2012.

C. After that, according to the application for a compulsory auction by other creditors of the non-party company, the real estate auction procedure for the real estate owned by the non-party company including the building of this case (Scheon District Court C, D (Joint), E, F (Dual), G (Joint) has commenced.

In the above auction procedure, the Plaintiff asserted as a lessee of the instant building, and filed an application for a demand for distribution. On the date of distribution implemented on February 3, 2015, the ordinary court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that did not distribute to the Plaintiff, but distributes KRW 24,020,835 as the lessee of the instant building, as the lessee of the instant building.

E. The plaintiff raised an objection against the defendant's above amount of distribution on the date of the above distribution.

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