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(영문) 의정부지방법원 고양지원 2018.03.21 2017가단86435
배당이의
Text

1. From among the distribution schedule prepared on August 22, 2017 by the Jyyang Branch of the Jyyang Branch of the District Court in the auction of the B real estate in the case of the B real estate auction.

Reasons

1. Basic facts

A. On April 26, 2013, a new bank, while providing a secured loan to C, obtained a right to collateral security (hereinafter “instant apartment”) with respect to the D apartment and D apartment and 201 Dong-dong 108 (hereinafter “instant apartment”) owned by it, with the maximum debt amount of KRW 342 million.

B. On May 20, 2016, C sold the instant apartment to the Defendant at KRW 357 million (the remainder of KRW 30 million in the contract amount) (hereinafter “instant sales contract”) and upon receiving the payment of the remainder of KRW 327 million from the Defendant (hereinafter “instant sales contract”), at the same time, agreed to cancel the registration of creation of the instant apartment at the time of cancelling the registration of creation of the creation of the instant apartment, and the Defendant paid C the down payment of KRW 30 million in the down payment by the 25th of the same month.

C. On June 28, 2016, when C did not pay interest on loans, New Bank Co., Ltd. transferred to the Plaintiff the above collateral security loan claim, and upon the Plaintiff’s application, the same year.

8. 4. Voluntary auction procedure was initiated against the apartment of this case

(hereinafter referred to as “the voluntary auction of this case”) d.

On August 25, 2016, the Defendant’s execution court of the instant apartment from May 20, 2016 to KRW 30 million and the period for the instant apartment from May 20, 2016.

7. The following years that have been leased for a period of two years from 28. to 20 years:

7. 27. Occupancy in the above apartment, completion of the moving-in report, and the same year; and

8. 25. Obtaining the fixed date;

“The” submitted a report on the right to demand a distribution and a written application for a demand for distribution attached to the lease contract (hereinafter “instant lease contract”). From the perspective of the lease contract attached at the time, “the security deposit and the down payment amount was KRW 30 million, and KRW 2 million out of which was deposited, and KRW 10 million was deposited in advance, and KRW 10 million on May 24, 2016 and KRW 25 million on May 25, 2016, and the remainder of KRW 8 million on the 26th of the same month,” and there is a signature of C and the Defendant in the column of the lessor and the lessee at the bottom.

E. On June 21, 2017, the executing court shall permit the Defendant, who is the bidder at the highest price, to sell the goods, and on the date of distribution, the same year.

8.22. Actual.

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