logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.01.09 2014가단24693
배당이의 등
Text

1. It was concluded on July 13, 2013 with respect to Nos. 103, No. 103, the first floor between the defendant and B.

Reasons

1. Basic facts

A. On October 7, 2009, the maximum debt amount of October 7, 2009 with respect to Nos. 103, 103, 103, and 103 (hereinafter “instant housing”) with E, the Plaintiff completed the registration of creation of a neighboring mortgage between E and the mortgagee, and B acquired the ownership of the said housing on February 9, 2010, and subsequently acquired the said mortgage contract on October 2, 2012.

B. F, between B and B, on March 15, 2012, the maximum amount of debt regarding the instant housing was KRW 19,50,000, and the debtor B and the mortgagee completed the registration of creation of a mortgage near F.

C. The F applied for a voluntary auction on the instant housing on May 20, 2013, which had not been repaid the debt secured by the right to collateral security as set forth in the foregoing B B, but applied for a voluntary auction again after the withdrawal on the 28th of the same month. The Suwon District Court in the Suwon District Court (hereinafter “instant auction procedure”) decided to commence voluntary auction on August 9, 2013 (hereinafter “the auction procedure based on the said decision to commence voluntary auction”).

On July 13, 2013, the Defendant entered into a lease contract (hereinafter “instant contract”) with respect to the instant housing in which the lease deposit was KRW 2 million (in the event of a contract, the balance of KRW 18 million shall be paid on July 27, 2013), KRW 500,000 (payment on July 27, 2013), and the lease term was from July 27, 2013 to July 26, 2015 (hereinafter “instant contract”).

E. On July 27, 2013, the Defendant paid KRW 18 million to B, and on July 29, 2013, the Defendant filed a move-in report with the instant house and obtained the fixed date and resided in the said house after obtaining the said fixed date.

F. In the instant auction procedure, the Suwon District Court: (a) distributed KRW 14,00,00 in the first order to the Defendant who reported the right as a lessee among KRW 184,676,664, the amount to be distributed to the Plaintiff on July 31, 2014; and (b) drafted a distribution schedule with the purport to distribute the amount of KRW 170,676,664 (the amount of claim KRW 182,065,129) to the Plaintiff (hereinafter “instant distribution schedule”); and (c) the Plaintiff is the Plaintiff.

arrow