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(영문) 광주지방법원 2015.12.22 2015가단517111
배당이의
Text

1. Of the distribution schedule prepared by the above court on July 1, 2015, with respect to the case of compulsory auction of real estate D in Gwangju District Court D.

Reasons

1. Basic facts

A. At the time of July 16, 2012, the Plaintiffs agreed to the effect that “The Plaintiff shall deliver the instant housing No. 101 to the lessee by August 16, 2012, and the term of the instant lease agreement shall be from F to August 15, 2014 (24 months from the date of delivery) to the lease deposit of KRW 65 million (the remainder of KRW 5 million is paid on August 16, 2012 when the contract is concluded).” As regards the term of the instant lease agreement, the Plaintiffs agreed to the effect that “The lessee shall deliver the instant housing No. 101 to the lessee by August 16, 2012, and the term of the lease shall be from the date of delivery to August 15, 2014 (24 months).”

B. On July 16, 2012, the date of the instant lease agreement, the Plaintiffs received a transfer report from F, and completed the move-in report and received the fixed date. The Plaintiffs paid F the remainder KRW 5 million out of the lease deposit of this case on the date of the instant lease agreement, and KRW 60 million on August 17, 2012.

C. On August 2, 2012, the registration of the establishment of chonsegwon in the name of the Defendant was completed with respect to the instant housing.

After the registration of ownership transfer in the name of G was completed on August 21, 2012 with respect to the instant housing, H, a creditor of G, applied for the commencement of compulsory auction on the instant housing to the court for the commencement of compulsory auction, and on May 26, 2014, the entry registration was completed following this court D on May 26, 2014.

E. On June 30, 2015, the instant court drafted a distribution schedule with the content that distributes the remaining amount of KRW 60,295,651, etc. to the Defendant, a person having a right to lease on the instant housing (hereinafter “instant distribution schedule”) in the fifth order.

F. The Plaintiffs appeared on the aforementioned date of distribution, and raised the instant lawsuit on July 8, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 9, 10, 12, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs are the Plaintiffs.

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