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(영문) 인천지방법원부천지원 2015.07.21 2014가단44781
배당이의
Text

1. The relevant court was prepared on October 31, 2014 with respect to the auction of real estate C with the Incheon District Courtbucheon-gu Seoul District Court.

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 4:

On May 9, 2013, the Plaintiff: (a) fixed and lent KRW 750,00,000 to E at an annual interest rate of 9.5%; and (b) fixed and lent to E at an annual interest rate of 25%; and (c) completed the registration of the establishment of a neighboring establishment with respect to Nos. 101 and 102 of the F, Seocheon-gu, Seocheon-gu, Incheon (hereinafter “each of the instant stores”) owned by E (hereinafter “each of the instant stores”).

B. On March 11, 2014, with respect to each of the stores of this case, the procedures for voluntary auction began on March 11, 2014 at the request of the Plaintiff, who is the right to collateral security (hereinafter “instant voluntary auction procedures”).

C. In the instant voluntary auction procedure, from June 12, 2012 to E, Defendant A filed a report on the right and demand for distribution by asserting that: (a) KRW 101 of the instant stores was the lease deposit amounting to KRW 45,000,000 and KRW 2,00,000; and (b) KRW 102 of the lease deposit amounting to KRW 25,00,000 and KRW 2,200,000, respectively; and (c) Defendant A filed a report on the right and demand for distribution.

On the other hand, on October 1, 2014, Defendant B, as Defendant A’s creditor, received a collection order for the seizure and collection of part of the amount that Defendant A would have received as a lessee in the instant voluntary auction procedure.

On October 31, 2014, the court of execution opened a date of distribution, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes each of the 13,400,206 won to the defendant A (the person having the right to collect), who is a lessee, as the applicant creditor, to the plaintiff who is the right to collateral security, 625,465,32 won, 31,59,794 won, 25,000 won, and 13,40,206 won, in the second order, to the plaintiff who is the lessee.

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the total amount of distribution to the Defendants, and filed the instant lawsuit on November 6, 2014, within one week thereafter.

2. The assertion; and

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