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(영문) 수원지방법원평택지원 2015.09.04 2015가단1050
배당이의
Text

1. The Suwon District Court prepared on January 27, 2015 with respect to the auction of the status of real estate C in Suwon District Court.

Reasons

1. Basic facts

A. The 48.46 square meters of a arche roof 8.46 square meters on the ground of Pyeongtaek-si D (hereinafter “instant housing”) completed the registration of ownership transfer by E with the registration of Pyeongtaek-si Housing Site Board and the receipt of No. 37407 on July 16, 2004.

B. On August 11, 2011, E completed the registration of the establishment of the instant housing site and the creation of the right to collateral security of the debtor, E-mortgage, Seoul Agricultural Cooperative Co., Ltd., and the maximum debt amount of KRW 612,000,000 (hereinafter “instant right to collateral security”) with respect to the instant housing.

C. On February 11, 2014, the Seoul Agricultural Cooperative filed an application for voluntary auction on the instant housing, etc. with respect to the instant housing, etc., and on February 11, 2014, the auction procedure (hereinafter “instant auction procedure”). D.

On July 12, 2013, Defendant A entered into a lease contract with a deposit of KRW 15,00,000 and the period from July 15, 2013 to July 14, 2014 with respect to one column among the instant housing units E and the instant housing units, and was granted a fixed date on the said lease contract on the same day.

E. Meanwhile, Defendant B converted the sum of KRW 30,000,000,000 interest of KRW 5,000,000 from August 20, 2009 to E as lease deposit for the instant house, and completed the move-in report on resident registration on November 26, 2013, and obtained the fixed date on the same day.

F. In the auction procedure of this case, the defendants are above.

(d) and (e);

Based on each right of lease described in the paragraph, the right report and demand for distribution were made.

G. On April 29, 2014, the Plaintiff acquired the secured debt of the instant right to collateral security from the Seoul Agricultural Cooperative, and completed the registration of Pyeongtaek Housing Sitewon and the supplementary registration of the said right to collateral security transfer as of May 27, 2014.

H. On January 27, 2015, which was the date of distribution of the instant auction procedure, the Suwon District Court: (a) deemed the Defendants as the first priority lessee on January 27, 2015, respectively; and (b) distributes KRW 14,00,00 to the Plaintiff as the third priority creditor; and (c) distribute KRW 454,310,996 to the Plaintiff.

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