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(영문) 청주지방법원영동지원 2019.12.20 2019가단3652
배당이의
Text

1. On January 24, 2018, the Cheongju District Court’s Youngdong Branch C, D (Consolidated), E (Consolidated), and F (Duplicate) courts are the same courts.

Reasons

1. Basic facts

A. On June 20, 2017, the Plaintiff: (a) lent 40 million won to G on September 20, 2017, at the rate of 23% per annum; and (b) on June 21, 2017, at the rate of 25% per annum; and (c) on June 21, 2017, in the event that the Plaintiff fails to repay the said loan obligations with the certificate No. 2909 drawn up by a notary public No. 209, the Plaintiff was drafted a notarial deed of a monetary loan agreement to the effect that there is no objection even if it was immediately subject to compulsory execution.

B. On June 26, 2018, the Plaintiff granted the execution clause to the said authentic copy of the notarial deed, and based on this, filed a request for auction of the instant apartment on the real estate listed in the separate sheet (hereinafter “instant apartment”) owned G with the Young-dong District Court Young-dong Branch E. On July 11, 2018, the said court rendered a compulsory decision to commence the auction of the instant apartment on the instant apartment.

Meanwhile, on December 20, 2017, the said court rendered a voluntary decision to commence auction of the instant apartment on the following grounds: (a) on December 20, 2017, the International Union, the mortgagee of the instant apartment, issued a decision to commence compulsory auction of the instant apartment on October 10, 2018, when the J Co., Ltd, the creditor of G, filed a request for auction of the said apartment to the said court F.

C. On February 12, 2018, the Defendant: (a) leased the instant apartment from G on September 26, 2017 by setting the lease deposit of KRW 15 million, monthly rent of KRW 200,000,000; and (b) from September 26, 2017 to September 25, 2019; (c) filed a move-in report with the instant apartment as the residential place and received a fixed date under the lease agreement document; and (d) claimed that the instant apartment was delivered the instant apartment on September 27, 2017, and filed a report on the right and demand for distribution.

The auction procedure (hereinafter "the auction procedure of this case") was conducted for the apartment of this case due to the consolidation of the plaintiff, I, and J Co., Ltd., and the auction procedure of this case (hereinafter "the auction procedure of this case") was conducted for the apartment of this case. In the auction procedure of this case, the auction procedure of this case was conducted.

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