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(영문) 수원지방법원안산지원 2014.06.12 2013가합2730
배당이의
Text

1. On March 27, 2012, the above court in relation to the auction of the status of real estate B, C, and D (Duals) of the Suwon District Court.

Reasons

1. Basic facts

A. On August 30, 201, the Plaintiff loaned KRW 245,00,00 to E with the due date specified as KRW 1,630,000 on December 24, 2011, and the interest rate specified as KRW 1,630,000 on December 16, 201 in order to secure E’s obligation for the aforementioned borrowed money. On December 16, 201, the Plaintiff completed the registration of creation of a mortgage (U.S. District Court No. 125049, Dec. 16, 201) with the maximum debt amount of KRW 245,00,000, the mortgagee of the right to collateral security, the Plaintiff of the Plaintiff, and the debtor of the instant real estate (hereinafter “instant real estate”).

(B) The Plaintiff’s aforementioned collateral security (hereinafter “instant collateral security”).

The plaintiff is entitled to the above A.

As the loan of this case was not repaid, a voluntary auction of the instant real estate was applied for based on the instant collateral security, and on June 11, 2012, the Suwon District Court rendered a voluntary decision to commence the auction on June 11, 2012.

C. On August 16, 2012, the Defendant received a decision to commence compulsory auction on the instant real estate from the original payment order (a loan claim of KRW 50,000,000 against E).

On the other hand, on October 19, 2012, the Ansan Central Saemaul Depository also received a voluntary decision to commence the auction of the instant real estate from the same court D based on the senior mortgage (No. 8548, Sept. 2, 2011, the Ansan District Court rendered an order to commence the auction of the instant real estate on October 19, 2012.

After that, each of the above auction procedures was conducted in the above B. D.

In the above auction procedure, the Defendant asserted that he himself is the lessee of the instant real estate (180,000,000 won for lease deposit, September 2, 201, the date of lease contract, the fixed date and move-in report, September 23, 201, the lease term of two years) and filed a report on the right and demand for distribution of KRW 180,000 for lease deposit.

E. In allocating the amount of KRW 209,454,628 to be actually distributed on the date of distribution on March 27, 2013, the above court below’s order of first priority to distribute KRW 83,285,540 to the Ansan Central Saemaul Depository, a prior mortgagee, and KRW 126,169,08 to the Defendant, the lessee, who is the lessee, is below the distribution schedule of each distribution of KRW 126,169,08.

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