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(영문) 춘천지방법원속초지원 2015.08.18 2014가단4158
배당이의
Text

1. A distribution table prepared on December 8, 2014 by the said court with respect to the auction case of real estate C, which is located in the Chuncheon District Court, for the first time.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 8 (including paper numbers).

The Plaintiff’s claim against D was a credit service provider, who completed registration under the Credit Business Act as of November 1, 201, and lent KRW 20,000,00 to D at the monthly interest rate of 3%, and completed the registration of establishment on November 2, 201 with respect to the registration of establishment of the first-class F apartment No. 703 (hereinafter “instant apartment”).

On the other hand, the Defendant paid 600,000 won monthly interest on the above loans to the Plaintiff for a period of ten months from December 1, 2011, and thereafter paid 300,000 won on December 28, 2012 and 6,10,000 won on February 14, 2013.

B. On December 11, 2013, the registration of the decision on commencement of auction on the instant apartment was completed with respect to the instant apartment as to the instant apartment. The registration of the decision on voluntary commencement of auction was completed as the creditor's High Military Fisheries Cooperatives C with the Chuncheon District Court's Seocho Branch Branch

C. On February 12, 2014, the Defendant issued a report on the right and a demand for distribution (hereinafter “instant demand for distribution”) with the content of “the Defendant leased the instant apartment from D to KRW 30,000,00,00,” through G, in the Seocho District Court’s Seoul District Court’s Seoul District Court Branch on July 1, 2012, along with the lease contract (Evidence A2).

On the other hand, on August 10, 2012, the Defendant completed the move-in report as the instant apartment, and obtained the fixed date on November 5, 2012.

On the date of distribution on December 8, 2014, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) under which the Defendant, the lessee of small claims, was entitled to deliver KRW 14,00,000,00 in the first order among the amount to be actually distributed on the date of distribution on the date of distribution, and 85,25,90,000 in the second order, and 135,380 won in the second order, and 71,120,520 won in the second order, to the High Sung-gun, the applicant creditor, respectively, and the Plaintiff made the said distribution schedule against the Defendant on the date of distribution.

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