(영문) 수원지방법원 여주지원 2018.10.11 2018가단50579

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(영문) 수원지방법원 여주지원 2018.10.11 2018가단50579

배당이의

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1. As to the case of the voluntary auction of real estate C in Suwon District Court, the said court was prepared on January 24, 2018.

Reasons

1. Basic facts

A. On August 25, 2014, the Plaintiff completed the registration of the establishment of a neighboring land that was made up of the debtor Lesluri Co., Ltd. on August 23, 2017, the registration of the provisional attachment of KRW 38,66,610,610 as claimed by the Seoul Central District Court Order 2017Kadan3153 on January 23, 2017, regarding the maximum debt amount as to the housing of KRW 56.33 square meters (hereinafter “instant building”).

B. As to the instant land and the instant building, on January 12, 2017, the registration of the decision on voluntary commencement of auction was completed by Suwon Agricultural Cooperatives (hereinafter “instant auction procedure”). On January 24, 2018, the distribution schedule was prepared in order to distribute KRW 183,152,916 to Defendant A, who is a lessee of small amount of money, KRW 15 million to Defendant B, KRW 15 million to Defendant B, and KRW 78,471,417, and KRW 60 million to Defendant A, a lessee of the fixed date, and KRW 14,681,499, respectively (hereinafter “instant distribution schedule”) to Defendant A, a lessee of the fixed date, in the order of priority, and KRW 40 million to Defendant A, a lessee of the fixed date.

C. The Plaintiff filed a report on rights and demand for distribution with respect to the claim amounting to KRW 38,66,610, which completed the registration of provisional seizure prior to the completion date of the instant auction procedure. The Plaintiff attended the date of distribution of the said auction procedure, and raised an objection against the entire amount of each of the Defendants, and filed a lawsuit of demurrer against distribution on January 29, 2018.

[Evidence Evidence: Evidence Nos. 1 to 3, 6 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff 1’s assertion by the parties constitutes the most lessee, and thus, the Defendants’ dividends are unfair.

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