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(영문) 수원지방법원성남지원 2015.07.24 2014가단223208
배당이의
Text

1. Of the distribution schedule prepared on October 8, 2014 by the said court in the Suwon District Court-nam Branch C real estate auction case.

Reasons

1. Basic facts

A. In order to secure the credit transaction obligation against the Plaintiff, the Plaintiff set up a collateral security right of KRW 350,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. On November 29, 2013, the Plaintiff filed an application for voluntary auction (hereinafter “instant auction procedure”) with the Suwon District Court Sung-nam Branch C regarding the said land, including the instant building, and received a voluntary decision to commence auction on November 29, 2013.

C. In the instant auction procedure, the Defendant A leased the first underground floor of the instant building from D on November 15, 2013 to November 14, 2015, with the lease deposit of KRW 30 million, the lease deposit of KRW 1,00,000 from November 15, 2013 to November 14, 2015. On November 12, 2013, Defendant B asserted that he/she had the delivery of the first underground floor of the instant building and the move-in report and the fixed date; ② Defendant B leased the first floor of the instant building from D on November 6, 2013 to November 5, 2015, by setting the lease deposit of KRW 30,000,000, the lease term of the instant building from November 6, 2013 to November 12, 2013, by asserting that he/she had the right to file a move-in report and a demand for distribution.

On the date of distribution conducted on October 8, 2014, the instant auction court: (a) deemed the Defendants as respective small lessee; and (b) drafted a distribution schedule stating that each of the Defendants distributes KRW 22 million to the Plaintiff, who is the applicant creditor and the mortgagee collective security (hereinafter “instant distribution schedule”).

E. On October 8, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendants regarding the total amount of dividend payments, and filed the instant lawsuit on October 15, 2014, which was seven days thereafter.

[Reasons for Recognition] Defendant A: A without dispute, Gap A1 through 6.

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