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(영문) 수원지방법원 2015.03.26 2014가단36067
배당이의
Text

1. Of the distribution schedule prepared on June 12, 2014 by the said court with respect to the Suwon District Court C’s auction of real estate.

Reasons

1. Basic facts

A. On March 24, 2006, the registration of change of the right to collateral security was completed with respect to an apartment recorded in the attached list, which was owned by D (hereinafter “the apartment of this case”). Around August 27, 2008, the registration of change of the right to collateral security changed the maximum debt amount of KRW 916,50,000 in the name of the National Bank of Korea to KRW 831,310,000.

B. Meanwhile, as of August 6, 2013, Defendant A and D entered into a lease contract with regard to KRW 20,00,000, and the term of lease from September 2, 2013 to September 1, 2014 (hereinafter “instant lease contract”). As of July 26, 2013, Defendant B and D entered into a lease contract with regard to KRW 20,000,000, and the term of lease was from August 28, 2013 to August 27, 2014 (hereinafter “instant lease contract”) with regard to KRW 1 column of the instant apartment as of July 26, 2013 (hereinafter “instant lease contract”). The lease contract was written from around August 28, 2013 to around August 27, 2014.

C. Since September 12, 2013 with respect to the instant apartment, the registration of the decision to commence voluntary auction was completed upon the application for voluntary auction by the National Bank of Korea, a Co., Ltd., and the Plaintiff reported to the above auction court that succeeded to the status of the National Bank of Korea, and the Defendants filed an application for the report on each right and the demand for distribution around November 2013.

Around June 12, 2014, the above auction court determined the amount to be actually distributed as KRW 587,928,813, which is the date of distribution, as KRW 12,000,000 among them, to Defendant A, who is the first priority lessee, as the first priority lessee, as Defendant B, who is the second priority lessee, as the second priority lessee, the second priority lessee, set up a distribution schedule that distributes the remainder of KRW 562,260,273 to the Plaintiff who is the third priority applicant creditor (hereinafter referred to as “instant distribution schedule”). The Plaintiff appeared on the date of distribution and all the Defendants’ dividends.

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