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(영문) 수원지방법원 2015.04.14 2014가단49957
배당이의
Text

1. Of the distribution schedule prepared by the said court on August 18, 2014 with respect to the Suwon District Court D's D's auction of real estate.

Reasons

1. Basic facts

A. On May 18, 2012, E completed the registration of the transfer of ownership with respect to the instant real estate F, 213, Dong 804 (hereinafter “instant real estate”). As to the instant real estate, on May 18, 2012, the registration of the creation of a mortgage over KRW 240 million (the maximum debt amount on January 26, 2013 was changed to KRW 120 million) in the name of the National Bank of Korea (the maximum debt amount on January 26, 2013), and on June 4, 2013, the registration of the creation of a mortgage over KRW 30 million in the name of the Land Savings Bank, the maximum debt amount of KRW 180,000,000,000, respectively, was completed.

B. (1) As of June 5, 2013, among the instant real estate, the lease deposit amounting to KRW 30 million, monthly rent of KRW 700,000,000 for KRW 12 months from June 7, 2013, gas costs, water supply taxes, and general public charges were separately paid, and the lease contract stipulated in KRW 300,000,000 was formulated.

(2) As of July 6, 2013, a lease agreement was made between E and Defendant C, with respect to the lease deposit of KRW 35 million, monthly rent of KRW 500,000,000, and the lease term of KRW 150,000,000,000,000 for the instant real estate as of KRW 1.36 square meters, among the instant real estate, that was set up until July 12, 2015.

(C) Defendant B completed the move-in report and the fixed date on June 13, 2013, and Defendant C completed the move-in report and the fixed date on July 12, 2013, with respect to the instant real estate, on the following grounds: (a) the move-in report and the fixed date of the move-in report on resident registration was completed.

C. On October 7, 2013, the Suwon District Court rendered a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”). On August 18, 2014, the instant auction court: (a) recognized the Defendants as small lessee, and drafted a distribution schedule to the Defendants each of the amount of KRW 22,00,000,000; and (b) distributed the Plaintiff, the applicant obligee, the amount of credit of KRW 488,219,178, the amount of KRW 56,573,037, out of the amount of credit of KRW 488,219,178.

Meanwhile, the appraised value of the instant real estate, which was conducted at the instant auction procedure.

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