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(영문) 대구지방법원안동지원 2015.03.18 2014가단3672
배당이의
Text

1. A distribution schedule prepared on July 9, 2014 by the said court with respect to the auction case of the real estate B in the Daegu District Court-dong Branch B.

Reasons

1. Basic facts

A. With respect to C ground D 201 (hereinafter “instant real estate”) at the time of permanent residence in North Korea, the registration of the establishment of a neighboring mortgage with a maximum debt amount of KRW 107,90,000 is completed on January 16, 2013. The Plaintiff completed the registration of the establishment of the instant real estate at the request of the Plaintiff (hereinafter “instant auction”). B of this court on December 3, 2013 (hereinafter “instant auction”).

On the same day, there was a decision to commence voluntary auction. The registration of the decision to commence voluntary auction was completed on the same day. The grounds for the distribution of the amount of credit (unit: source) to Plaintiffs 94,01, 490, 69, 915, 960, the applicant creditor (Defendant 14,000,000,000 small-sum lessee) for dividends

C. At the instant auction, the Defendant asserted that there exists a claim for the return of the lease deposit amounting to 14,000,000 won and applied for distribution, and on July 9, 2014, the said court prepared a distribution schedule that pays dividends to the Plaintiff and the Defendant in the same amount as that indicated below (hereinafter “instant distribution schedule”).

On the date of the above distribution, the Plaintiff stated that the total amount of dividends against the Defendant is dissatisfied with.

[Grounds for recognition] The items of evidence Nos. 1-1, 2, 4, and 8, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that since the defendant entered into a lease agreement on the real estate in this case with F who was not legally entrusted with the right to lease from the construction of the Maritime Mine, the defendant did not meet the opposing power and the right to preferential payment as stipulated in the Housing Lease Protection Act, the distribution amount to the defendant should be deleted and distributed to the plaintiff, the distribution schedule in this case should be corrected.

As to this, the defendant actually constructed the real estate of this case, G is G, and G has title trust the real estate of this case to G, and G is real estate of this case.

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