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(영문) 수원지방법원성남지원 2017.10.13 2016가단28742
배당이의
Text

1. On December 1, 2016, the Suwon District Court's Sung-nam Branch C real estate auction and D (Dual) compulsory auction cases for real estate auction.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer of ownership as the receipt No. 19989 on August 29, 2003 with respect to one-half shares of each of the real estate listed in the separate sheet.

E, which had previously been the husband of the Plaintiff, completed the registration of transfer of ownership on the same day with respect to the remainder of 1/2 of each of the instant real estate.

On February 9, 1981, the Plaintiff and E reported a marriage and divorced on January 14, 2009.

B. On October 28, 2008, the Defendant entered into a lease agreement with the Plaintiff and E on KRW 55,000,000 with respect to subparagraph 301 of the real estate listed in attached Table 2 (hereinafter “instant building”).

The defendant shall pay all deposits to the plaintiff and E, and moved into the building of this case on December 16, 2008 and completed the move-in report on December 22, 2008.

The defendant obtained a fixed date on November 18, 2008.

C. On October 8, 2015, the Plaintiff, who had executive title in accordance with the mediation protocol, filed an application for compulsory auction of the instant real estate with Suwon District Court Sung-nam Branch D for compulsory auction on October 8, 2015. On the other hand, the East-dong Credit Union, which was the mortgagee of each of the instant real estate, filed an application for voluntary auction of each of the instant real estate with Suwon-nam Branch C, and filed an application for the voluntary auction of each of the instant real estate with Suwon-nam branch of Suwon District Court, and each of the said auction procedures

(hereinafter “instant auction procedure”). D.

At the instant auction procedure on December 1, 2016, the distribution schedule was formulated to distribute KRW 75,000,000 to the lessee who has preferential right to payment to the defendant on the date of distribution implemented on the date of distribution.

(hereinafter “instant distribution schedule”). E.

On the date of the above distribution, the Plaintiff raised an objection against the amount of distribution to the Defendant as the debtor and owner, and filed the instant lawsuit on December 7, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant has the right to be preferentially reimbursed only KRW 55,00,000.

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