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(영문) 서울서부지방법원 2016.02.12 2015가단36382
배당이의
Text

1. The Seoul Western District Court C’s distribution schedule prepared on October 29, 2015 with respect to the auction of real estate by the said court.

Reasons

1. Basic facts

A. The Plaintiff is the fourth E-story in Jongno-gu Seoul Metropolitan Government D (hereinafter “E building”) around July 28, 2014.

2) The remainder-hand side of the sub-lease 200,000 won of the sub-lease 200,000 and the real estate listed in the attached list F owned by the Plaintiff (hereinafter “the apartment of this case”).

On January 13, 2014, the Seoul Western District Court rendered a favorable judgment on December 18, 2014, by filing a lawsuit, such as the return of the sub-lease deposit, against G where the registration of the right to claim ownership transfer was completed, to seek the revocation of fraudulent act and restitution to its original state.

On the other hand, the duplicate of the complaint was served on the F on October 7, 2014.

B. The Defendant, along with F around October 19, 2012, is the spouse of G, who jointly operated the friendship of “H” by leasing a building E with F.

C. On January 12, 2015, the Seoul Western District Court C real estate auction procedure commenced (hereinafter “instant auction procedure”) upon the application of Hyundai Savings Bank, Inc., Hyundai Savings Bank (hereinafter “the maximum bond amount of KRW 468,00,000) with respect to the instant apartment.

On March 4, 2015, the Defendant submitted a report on the right and a written demand for distribution to the lessee who leased the instant apartment at the above auction court as KRW 40,000,000, and monthly rent of KRW 1,500,000.

On the date of distribution implemented on October 29, 2015, when the apartment of this case was sold in KRW 465,370,000 for the successful bid price, the above auction court set up a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) with the content that the Defendant would not distribute the amount to the Plaintiff, among the amount of KRW 460,376,64 to be actually distributed, KRW 25,000 (100%) to the Defendant in the first order, and the second order to Mapo-gu (100%) in the second order, KRW 898,90 (100%) to the Defendant, and the third order to the Hyundai Savings Bank in the third order (100%) to distribute the amount that would not distribute to the Plaintiff.

E. The plaintiff.

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