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(영문) 수원지방법원안산지원 2015.01.09 2014가단24761
배당이의
Text

1. It was concluded on July 13, 2013 with respect to No. 103, No. 103, the first floor of the building No. 103, Jun. 13, 2013.

Reasons

1. Basic facts

A. On October 7, 2009, with respect to Nos. 103, 103, 103, 103, 103, and 103 (hereinafter “instant housing”), an agricultural cooperative in September 7, 2009 entered into a collateral security contract with F and the mortgagee on the registration of establishment of a neighboring agricultural cooperative (F and the mortgagee). On February 9, 2010, C acquired the ownership of the foregoing housing and took over the collateral security contract on October 2, 2012.

B. On March 15, 2012, the Plaintiff completed the registration of the establishment of the neighboring mortgage between C and C, the maximum debt amount of which is KRW 19,50,000, and the debtor C and the mortgagee, the Plaintiff.

C. On May 20, 2013, the Plaintiff filed an application for voluntary auction on the instant house on May 20, 2013, but filed an application for voluntary auction again on the same month after the withdrawal of the auction. On August 9, 2013, the Suwon District Court rendered a decision to commence voluntary auction as E on August 9, 2013 (hereinafter “instant auction procedure”).

On July 13, 2013, the Defendant entered into a lease contract with C as to the instant housing (hereinafter “instant contract”) with KRW 2 million (in the event of a contract, the balance of KRW 18 million shall be paid on July 27, 2013), KRW 500,000 (payment on July 27, 2013), and the lease term from July 27, 2013 to July 26, 2015 (hereinafter “instant contract”).

E. On July 27, 2013, the Defendant paid C KRW 18 million to C, and on July 29, 2013, the Defendant filed a move-in report with the instant house and obtained the fixed date and resided in the said house after obtaining the said fixed date.

F. In the instant auction procedure, the Suwon District Court: (a) prepared a distribution schedule with the purport to distribute KRW 14,00,000 to the Defendant who reported the right as a lessee among KRW 184,676,664 of the amount to be actually distributed on July 31, 2014; (b) the Plaintiff appeared on the said date of distribution and raised an objection.

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