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(영문) 수원지방법원 2016.04.07 2015가단140857
배당이의
Text

1. Of the distribution schedule prepared on November 12, 2015 by the said court with respect to the Suwon District Court B real estate auction case.

Reasons

1. Basic facts

A. Based on the claim for indemnity against C, the Plaintiff received a provisional attachment order of KRW 374,175,000 on March 6, 2015 regarding apartment units listed in the separate sheet owned by C (hereinafter “instant apartment units”) based on the claim for indemnity against C, and the provisional attachment registration was completed.

B. On March 27, 2016, a voluntary decision to commence the auction of the instant apartment was rendered by Suwon District Court B with respect to the instant apartment.

(hereinafter “instant auction procedure”). C.

On April 6, 2015, the Defendant: (a) from June 13, 2013 to June 13, 2013, the Defendant leased one room among the instant building at KRW 35,00,000 (hereinafter “the instant lease”); and (b) paid the said lease deposit and resided therein, the Defendant filed a report on the right and demand for distribution under the Housing Lease Protection Act.

원고는 주식회사 에이치네트웍스, C을 상대로 구상금청구의 소(서울중앙지방법원 2015가단5101194호)를 제기하여 2015. 7. 22. ‘주식회사 에이티네트웍스, C은 연대하여 원고에게 379,668,940원과 그중 379,668,706원에 대하여 2015. 4. 14.부터 2015. 4. 24.까지는 연 12%의, 그 다음날부터 다 갚는 날까지는 연 20%의 각 비율로 계산한 돈을 지급하라’는 판결을 선고받았다.

E. On November 12, 2015, the above executing court drafted a distribution schedule of the content that distributes the amount of KRW 20,000,000 to the Defendant, KRW 568,380 to the Defendant as the issuing authority, and the amount of KRW 398,496,587 to the Hashes Co., Ltd. as the filing obligee, respectively (hereinafter “instant distribution schedule”).

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and thereafter filed the instant lawsuit on November 17, 2015, within one week thereafter.

G. Meanwhile, on March 6, 2015, the Defendant reported the transfer of the resident registration to the instant apartment, and on the same day, obtained a fixed date in the instant lease agreement.

[Ground for recognition] A.

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