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(영문) 수원지방법원성남지원 2017.09.15 2017가단3214
배당이의
Text

1. A distribution schedule prepared on February 16, 2017 by the said court with respect to the case of the voluntary auction of real estate C with the Suwon District Court Sung-nam District Court.

Reasons

1. Facts of recognition;

A. D completed the registration of ownership transfer as to real estate Nos. 1 and 4 listed in the separate sheet on October 7, 2002, and 1/2 of equity among real estate Nos. 3 and 5 listed in the separate sheet on October 7, 2002.

(Attachment List provides that each real estate listed above shall be transferred to another list attached to the distribution schedule, which is deemed below, and the real estate No. 2 is not indicated. However, in order to prevent confusion arising from the difference between the distribution schedule and the distribution schedule, each of the above real estate is specified by the sequence No. 1, 3, 4, and 5 as is in the list of the distribution schedule, and in the below, each of the above real estate is specified by the sequence No. 1 as

On October 7, 2002, the Plaintiff completed the registration of ownership transfer as to 1/2 of the remaining shares among the instant 3 and 5 real estate due to sale and purchase.

C. On April 29, 2013, D entered into a lease agreement with the Defendant on April 29, 2013, with respect to “165 square meters and land (referring to “E and F, the site of the instant 5 real estate”) from the same side of the building among the instant 5 real estate,” with a deposit of KRW 50,000,000, monthly rent of KRW 500,000, and the lease term of April 29, 2018.

D As a creditor of D, the Bank Co., Ltd., which is the mortgagee of the right to collateral security regarding each of the instant real estate, filed an application for commencement of voluntary auction procedure for each of the instant real estate with the Suwon District Court support C, and on September 7, 2015, the voluntary auction procedure (hereinafter referred to as the “instant auction procedure”) began on September 7, 2015.

E. Meanwhile, the Plaintiff, along with G, filed a claim against D with the Plaintiff and G, for the seizure and collection of surplus claims in the auction procedure of this case where D had against the Republic of Korea (the Plaintiff and G filed a lawsuit against D on the claim for loans with the Suwon District Court Decision 2016Hu5038, 2016, the payment order was finalized on December 21, 2016). The Plaintiff filed an application with the Suwon District Court for the seizure and collection of retained claims in the auction procedure of this case where D had against the Republic of Korea. The said court on January 26, 2017.

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