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(영문) 의정부지방법원고양지원 2015.10.16 2014가단70040
배당이의
Text

1. It was drawn up by the above court on November 21, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.

Reasons

1. Basic facts

A. On January 24, 201, the Defendant and C entered into a lease agreement jointly with E, who was the owner of the above real estate, with the amount of deposit KRW 30,000,000, and the amount of rent KRW 600,000 per month.

Defendant and C shall file a move-in report on the said real estate on February 15, 201 and received the same fixed date on the same day.

(hereinafter “instant lease agreement.” However, on April 4, 2013, the said C made a move-in report to another address, and on August 1, 2013, F entered into a lease agreement with the Defendant to the effect that part of the instant real estate is jointly leased with the Defendant, but the deposit amount is KRW 15,00,000, and the rent is KRW 300,000 per month, and the Defendant also affixed a seal on the said lease agreement to the effect that the said Defendant confirmed and consented to the said contents of the contract.

B. On August 26, 2013, the instant real estate in progress with the auction procedure was established as a collateral of KRW 300,000,000,000, for each of the maximum debt amount, and KRW 351,000,000, with respect to the instant real estate held by the mortgagee Co., Ltd., Ltd.., the said bank filed an application for commencement of voluntary auction on the instant real estate with the Ji Government District Court Goyang Branch B, and the auction procedure was conducted on November 13, 2013.

In the above procedure, the defendant filed a report on the right as a lessee and filed an application for demand for distribution.

On the other hand, each of the above collateral security rights was transferred to the Plaintiff on December 30, 2013 due to the transfer of confirmed claim, and on the same day, there was a supplementary registration of the establishment of the right to collateral security in the name of Dong Savings Bank, Savings Bank, and Savings Bank.

C. On November 21, 2014, the lower court distributed the Plaintiff KRW 14,00,000 in preference to the Plaintiff, and distributed the remainder of KRW 315,906,925, excluding the pertinent tax, to the Savings Bank, a pledgee.

Accordingly, the defendant is present on the date of distribution and on the amount of distribution of the defendant.

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