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(영문) 의정부지방법원고양지원 2015.09.11 2015가단4835
배당이의
Text

1. It was prepared on February 13, 2015 by the above court with respect to the voluntary auction of real estate C with the Goyang-gu District Court Goyang-gu District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff created the Plaintiff’s claim and the establishment of the right to collateral security (hereinafter “instant real estate”) granted a loan of KRW 316,00,000 to E, and established the right to collateral security at KRW 410,80,000,000, the maximum debt amount on November 6, 2006, with respect to the f apartment No. 605-dong 1903 (hereinafter “instant real property”).

B. (1) On February 15, 2014, Defendant A entered into a lease agreement with D with respect to one column among the instant real estate, including KRW 20,000,000, and the lease period from February 16, 2014 to February 15, 2016, and completed the fixed date and move-in report on February 17, 2014.

(2) On November 2, 2013, Defendant B entered into a lease agreement between Defendant B and D with respect to KRW 20,000,000, and the lease term from November 14, 2013 to November 14, 2015 with respect to KRW 1 column of the instant real estate, and completed the fixed date and the move-in report on November 14, 2013.

After that, on December 31, 2013, a lease contract was concluded to the effect that the lease deposit is increased to KRW 30,000,000, and the fixed date of the lease contract was completed again on January 8, 2014.

C. On March 10, 2014, the Plaintiff filed an application for the commencement of voluntary auction on the instant real estate upon the said right to collateral security C with the Goyang-gu District Court on March 10, 2014, and the auction procedure was conducted on March 10, 2014.

(hereinafter “instant auction procedure”). The Defendants filed an application for a report on rights and a demand for distribution as a lessee in the said procedure.

On February 13, 2015, at the above auction procedure, a distribution schedule was prepared to the effect that Defendant A preferentially distributes KRW 15,000,000 to Defendant B, and KRW 16,00,000 to Defendant B as small deposit, and that the Plaintiff distributes KRW 265,347,564 to the Plaintiff (hereinafter “instant distribution schedule”).

Accordingly, the plaintiff raised an objection to the whole amount of dividends of the defendants on the date of distribution.

[Reasons for Recognition] There is no dispute, A, 1, 2, 3, 4, 11, 11.

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