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(영문) 수원지방법원 2015.04.30 2014가단42444
배당이의
Text

1. Of the distribution schedule prepared on July 10, 2014 by the said court with respect to the Suwon District Court B’s auction of real estate.

Reasons

1. Basic facts

A. From August 11, 2010 to December 31, 2010, with respect to an apartment as indicated in the separate sheet, which was owned by C (hereinafter “instant apartment”), the registration of the establishment of a mortgage of KRW 684,00,000 for the maximum debt amount under the name of our bank, and the registration of the establishment of a mortgage of KRW 650,00,000 for the maximum debt amount under the name of the Plaintiff around September 17, 2010, respectively.

B. Meanwhile, the lease contract between the Defendant and C on April 12, 2013 (hereinafter “instant lease contract”) entered into between April 15, 2013 and April 14, 2015 as the lease deposit amount of KRW 25,000,000, and the lease term of KRW 25,000 from April 15, 2013 to April 14, 2015.

C. Since June 21, 2013, with respect to the instant apartment, the registration of the decision on voluntary auction was completed upon the application for voluntary auction by the Bank of Korea, Inc., Ltd., and the Defendant filed an application for the report of right and the demand for distribution with the said auction court.

The apartment of this case was sold at KRW 691,120,00, and the above auction court set the amount to be actually distributed around July 10, 2014, which was the date of distribution, as KRW 685,188,261, and among which the above auction court set KRW 19,00,000,000 among them, to the defendant, who is the lessee of the smallest amount of the first priority, who is the holder of the second priority distribution, the defendant, who is the holder of the second priority distribution, and KRW 658,516,594, which is the successor of the Bank of Korea, the applicant of the third priority distribution company, the creditor of the third priority distribution company, distributes the amount to the plaintiff, who is the successor of the Bank of Korea, the creditor of the third priority distribution company, and set up a distribution schedule to distribute the remaining KRW 6,161,697 to the plaintiff (hereinafter referred to as the “instant distribution schedule”). The plaintiff raised an objection against the whole amount of dividends to the defendant on July 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted the parties is the most lessee who in collusion with C and entered into a false rental agreement.

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