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(영문) 수원지방법원안산지원 2014.10.24 2013가단111576
배당이의
Text

1. It was prepared on December 4, 2013 by this court with respect to the case of the voluntary auction of real estate C with the Suwon District Court Ansan Branch C.

Reasons

1. Basic facts

A. On January 20, 201, the Defendant (former name: D) leased the lease deposit of KRW 12 million from the Plaintiff, E, 4, and 5 (hereinafter “instant building”) from the Plaintiff on January 20, 201, the lease deposit of KRW 12 million from January 20, 201 to January 19, 201, and the monthly rent of KRW 6 million (payment on January 20, 201) and operated the telecom.

On September 26, 2011, the Defendant completed the registration of establishment of chonsegwon up to 12 million won, the person having chonsegwon, the Defendant, and the duration of the building by January 19, 201, with respect to the building under Article 64051 of the Suwon District Court’s Ansan Branch’s receipt registry office.

B. On the instant building, the registration of creation of a neighboring mortgage was completed in the name of us bank, but the Plaintiff failed to repay the obligation secured by the said right to collateral security. As us filed an application for voluntary auction on the said building, the Suwon District Court rendered a decision to commence voluntary auction (hereinafter “instant auction procedure”) on November 21, 2012 to F on the ground that the Suwon District Court rendered a decision to commence the auction procedure based on the said decision to commence the auction procedure (hereinafter “instant auction procedure”).

C. On February 12, 2013, the Defendant Cho Jong-man submitted a lien report with the content that the lien was established as a claim for construction price as to the instant building in the instant auction procedure, even though there was no room for performing construction works in the instant building and there was no room for occupying the said building.

G filed a lawsuit against the Plaintiff on November 14, 2013 to confirm the lien on the instant building (Seoul District Court Decision 2013Da55128) and withdrawn the lawsuit on December 9, 2013.

E. In the instant auction procedure, the said court, among KRW 1,082,256,902, the amount to be actually distributed on December 4, 2013, drafted a distribution schedule that distributes KRW 41,545,443 to the Defendant, who is the person having chonsegwon (hereinafter “instant distribution schedule”).

The plaintiff appeared on the date of the above distribution and raised an objection against the full amount of the dividend to the defendant.

F. The instant building was sold on October 28, 2013, and the Defendant was a policeman on January 2014.

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