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(영문) 대구지방법원 2018.02.07 2017가단24059
배당이의
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 11, 201, the Plaintiff prepared a lease contract with respect to C (the Plaintiff’s birth) and D apartment 106, 305, 305 (hereinafter “instant apartment”). The lease deposit amount is set at KRW 45,00,000, and the lease deposit is set at KRW 2,700,000 when entering into a contract, and the remainder amount is paid each time when the payment would be made in installments. The lease term was set at October 201, and the termination date was not separately set.

Plaintiff

And his children E and F made a move-in report on the instant apartment on July 25, 201, and the Plaintiff transferred to Daegu Northern-gu G on March 4, 2016, but again transferred to the instant apartment on June 10, 2016.

On June 14, 2017, the Plaintiff obtained a fixed date concerning the instant lease agreement from the head of the Daegu North-gu Hdong. At the time of applying for grant of a fixed date, the Plaintiff set the term of lease from October 1, 201 to November 30, 2014.

C transferred the ownership of the instant apartment on November 30, 2015 to I (her husband at the time of the Plaintiff).

As a creditor against I, on December 10, 2016, the Korea Credit Guarantee Fund filed an application for compulsory auction against the apartment of this case with Daegu District Court B, and the above court rendered a decision to commence compulsory auction on December 13, 2016, and J purchased the apartment of this case at KRW 186,60,000 on July 13, 2017, and paid the above price on August 8, 2017.

On September 15, 2017, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 133,791,297 out of the proceeds of sale 183,857,877 won (i.e., 186,60,00 won interest of KRW 17,293 - enforcement cost of KRW 2,759,416) shall be distributed to the Defendant Credit Guarantee Fund, the applicant creditor, and KRW 14,992,918, to the Defendant C&T, the applicant creditor, and KRW 14,992,918, which shall be distributed to each of the Defendant C&T (hereinafter “Defendant C&T”).

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