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(영문) 의정부지방법원 2016.11.01 2015가단31902
배당이의
Text

1. With respect to the case of Ku Government District Court C’s compulsory auction or D’s voluntary auction of real estate, the above court shall hold on August 2015.

Reasons

1. Facts of recognition;

A. On July 4, 2013, the Plaintiff filed an application for the payment order with the Gwangju District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “instant payment order”) with the effect that “E shall pay to the Plaintiff 39,310,000 won and the amount calculated at the rate of 5% per annum from February 18, 2013 to the date of service of the original copy of the instant payment order, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on October 12, 2013.

B. As to the real estate listed in the attached list E (hereinafter “instant apartment”), the Plaintiff’s application for the commencement of compulsory auction (the instant payment order was the executive title) was made to the Jung-gu District Court C on December 10, 2013, and the decision to commence voluntary auction was made on February 9, 2015 upon the application for the commencement of voluntary auction by the Korea Housing Finance Corporation, and accordingly, the auction procedure (hereinafter “instant auction procedure”) was in progress regarding the instant apartment.

C. On December 19, 2013, the Defendant submitted a report on the right to claim the return of the leased deposit and an application for demand for distribution under a lease agreement (hereinafter “instant lease agreement”) on January 30, 2012 at the instant auction procedure. The Defendant stated the leased portion in the said application as one column, the period from February 15, 2012 to February 28, 2014, the transfer date on November 8, 2013, the fixed date on November 8, 2013, the occupancy date on November 8, 2013, and the occupancy date on February 15, 2012.

On August 28, 2015, a court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that, on the date of distribution of the instant auction procedure, the Defendant, 22 million won, 96,309,830 won to the Korea Housing Finance Corporation, and 3 million won to the Defendant (a lessee on the date of confirmation), was distributed to the Defendant (hereinafter referred to as “instant lessee”).

Accordingly, the plaintiff appeared on the date of distribution.

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