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(영문) 전주지방법원군산지원 2016.11.29 2016가단52550
배당이의
Text

1. A distribution schedule prepared on May 4, 2016 by the said court with respect to the auction case of the real estate B in the Jeonju District Court Branch B.

Reasons

Basic Facts

C owned 8/13 of 13 of 13 square meters among the 13 square meters in Si, Gunsan-si, E large 73 square meters, F large 83 square meters, and 55.53 square meters of 13 square meters on the above ground, and 29.75 square meters of 14 square meters of 15.75 square meters of 29.75 square meters of 29.75 square meters of 29 square meters of 13 square meters of 13 square meters of Dosan-si, Si, Gunsan-si (hereinafter referred to as “instant store”).

C On January 8, 2003, upon obtaining a loan from the Industrial Bank of Korea, the Bank created a joint collateral with respect to the instant real estate amounting to KRW 290,000,000 with the maximum debt amount.

Since C was unable to repay the loans to the Industrial Bank of Korea, the Industrial Bank of Korea received a decision to commence a voluntary auction on the instant real estate as Gunsan Branch B, and thereafter transferred the claim against C to the Plaintiff.

The Plaintiff reported C’s claim amounting to KRW 274,138,446 (=the principal amounting to KRW 228,00,000,00) in the discretionary auction procedure for the instant real estate (= KRW 46,138,446).

The Defendant filed a report on KRW 10,00,000 in the voluntary auction procedure of the instant real estate, including the site for the instant unregistered building, in which the Plaintiff was a lessee who leased and resided in the unregistered building (hereinafter “the instant unregistered building”) constructed on the land of 13 square meters in Dosan-si and E large 73 square meters among the instant real estate.

(See Article 3-2(2) of the Housing Lease Protection Act (see Article 3-2(2)). The court, which had taken the procedure of voluntary auction of the instant real estate, deemed the lessee prescribed in the Housing Lease Protection Act and distributed 10,000,000 won, which the Defendant reported as a lease deposit, prior to the Plaintiff, as a mortgagee, pursuant to Article 8 of the Housing Lease Protection Act and Article 10(1)4 of the Enforcement Decree of the Housing Lease Protection Act. The court distributed 9,502,89

The defendant shall be present on the date of the above distribution and raise an objection against the plaintiff.

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