(영문) 의정부지방법원고양지원 2015.09.18 2015가단71460

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(영문) 의정부지방법원고양지원 2015.09.18 2015가단71460

배당이의

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1. It was drawn up by the above court on January 26, 2015 with respect to the auction case of the D's real estate deposit with the Goyang-gu District Court.

Reasons

1. Facts of recognition;

A. On June 5, 2012, the Plaintiff loaned KRW 500,000,00 to E with the interest rate of KRW 8.4%, and the interest rate of arrears plus 12% as added by the agreed rate. To secure this, the Plaintiff created a collateral security (hereinafter “instant building”) with respect to Nos. 201, 302, 201, and 102, located in Seoyang-gu, Youngyang-gu, E (hereinafter “instant building”).

B. (1) On December 19, 2013, Defendant A entered into a lease agreement between Defendant A and E with respect to No. 102 of the foregoing building, which consists of KRW 25,00,000, as to the lease deposit No. 102 of the foregoing building. Defendant A completed the move-in report and the fixed date on December 20, 2013.

(2) On December 19, 2013, Defendant B entered into a lease agreement of KRW 25,00,000 with respect to No. 1 and 201 of the foregoing building between Defendant B and E, and completed the previous report and the fixed date on December 30, 2013.

(3) On December 10, 2013, Defendant C entered into a lease agreement between Defendant C and E with the deposit amount of KRW 25,000,000 with respect to subparagraph 1 and subparagraph 302 of the foregoing building. Defendant C received the move-in report and the fixed date on January 10, 2014.

C. On January 27, 2014, the Plaintiff filed an application for the commencement of voluntary auction on each of the above real estate owned by Jung-gu District Court D, and the auction procedure was conducted on January 27, 2014.

In the above procedure, the Defendants reported the demand for distribution and rights as respective lessees. D.

The above court prepared a distribution schedule to the Defendants with priority to distribute the amount of KRW 22,000,000 corresponding to each of the small deposits, and to distribute the amount of KRW 211,004,101 to the Plaintiff.

Accordingly, the plaintiff raised an objection against the dividend amount of the defendants on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 11, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff is the small amount.

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