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(영문) 수원지방법원여주지원 2017.05.17 2016가단7489
배당이의
Text

1. On August 17, 2016, the above court in relation to the Suwon District Court C Real Estate D(Dual) case for a compulsory auction.

Reasons

1. Basic facts

A. On August 13, 2013, the Plaintiff requested the Suwon District Court to issue an order to pay the purchase price to E and received a payment order from the said court that “E jointly and severally with F to pay the Plaintiff KRW 247,200,000 and its delay damages, etc.” The said payment order was finalized on September 10, 2013.

B. On April 4, 2014, the Plaintiff received a compulsory decision to commence compulsory auction (C) on G factory site of 992 square meters and buildings on land (hereinafter “instant real estate”) from the Innju branch of Suwon District Court (Seoul District Court), and on March 13, 2015, Seocheon Seocheon Fisheries Cooperatives also received a voluntary decision to commence auction on the instant real estate from the same court (D).

(hereinafter “instant auction procedure”). C.

On the other hand, E, around August 2012, leased the instant real estate as KRW 10 million and KRW 800,000 per month to the Defendant.

On March 28, 2016, the Plaintiff filed an order of seizure and collection with respect to the rent claim against the Defendant under Suwon District Court 2016TTT950, and received a seizure and collection order from the above court as requested.

(hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on March 30, 2016 on the Defendant.

E. In the instant auction procedure, buyer H paid in full the sales price of the instant real estate on July 6, 2016.

On July 10, 2016, the Defendant concluded a lease agreement on the instant real estate with H.

F. On August 17, 2016, in the instant auction procedure, the distribution schedule was formulated in order of the first priority on the date of distribution, which was implemented on August 17, 2016, to the Defendant, the lessee of a small amount of money, and the Plaintiff, to distribute the deposit amount of KRW 10 million to the Defendant, and KRW 70,414,532 to the Plaintiff.

G. On the date of distribution, the Plaintiff raised an objection to the entire amount of distribution against the Defendant on the said date, and thereafter, filed a lawsuit of demurrer against the distribution on August 24, 2016, one week thereafter.

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