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(영문) 의정부지방법원 2017.01.24 2015가단106196
배당이의
Text

1. Of the distribution schedule prepared on April 6, 2015 by the above court with respect to the auction cases of real estate B by the Jung-gu District Court.

Reasons

1. Facts of recognition;

A. On October 22, 2009, the Plaintiff owned the apartment of this case, and completed the registration of creation of the right to collateral security (hereinafter “mortgage of this case”) with respect to the apartment of this case with the obligor C and C, the maximum debt amount of KRW 230,400,000, in order to secure the above claim.

B. C did not repay the Plaintiff’s debt, and the Plaintiff filed an application for the instant auction of B real estate auction (hereinafter “instant auction”) regarding the instant apartment based on the instant collective security right, and received the instant decision to commence the auction on June 12, 2014 from the said court.

C. On April 6, 2014, the Defendant leased the instant apartment from C to May 1, 2016 (hereinafter “the instant lease”) by setting the lease deposit amount of KRW 20 million from May 2, 2014 to May 1, 2016 (hereinafter “the instant lease”). On May 2, 2014, the Defendant completed the resident registration on the instant apartment, and on the same day claimed that the instant lease agreement was obtained a fixed date, and filed a report on the right and demand for distribution in the instant auction procedure.

On the other hand, on December 13, 2013, C filed an application for commencement of individual rehabilitation procedures with the Central Government District Court 2013da84143 on December 13, 2013, the above court decided to commence individual rehabilitation procedures on October 10, 2014, and decided to authorize the draft repayment plan on March 20, 2015.

E. On April 6, 2015, on the date of distribution of the instant auction procedure, the auction court prepared a distribution schedule with the content that distributes the amount of KRW 20 million to the Defendant of the lessee of small claims in the first order, and the Defendant of small claims in the third order that distributes the amount of KRW 169,303,459 to the Plaintiff (hereinafter “instant distribution schedule”).

Accordingly, the Plaintiff appeared on the date of the aforementioned distribution, and stated an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on April 8, 2015, within one week thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, 17, 21, Eul evidence Nos. 3 and 4, and the purport of the whole pleadings.

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