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(영문) 의정부지방법원고양지원 2015.02.06 2014가단15791
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Nonparty National Agricultural Cooperative Federation (hereinafter “Non-Party Agricultural Cooperative Federation”) including the preparation of a distribution schedule

) The non-party C (hereinafter referred to as the “instant apartment”) Nos. 102, 104, Seoyang-gu, Seoyang-gu, Busan Metropolitan City D apartment (hereinafter referred to as the “instant apartment”).

(2) As to the establishment registration of a mortgage (hereinafter “mortgage of this case”), the establishment registration of a mortgage amounting to KRW 396,000,000,000 (hereinafter “mortgage of this case”) shall be based on the establishment of a mortgage amounting to KRW 396,000 on July 30, 2010, which was received on July 30, 201 from the Hayang District Court, the Goyang District Court’s Goyang Branch Office

(2) On July 1, 2013, the non-party AF filed an application for the voluntary auction of the instant apartment based on the instant mortgage, and on July 1, 2013, the non-party AFC had the auction procedure following the said voluntary decision to commence auction (hereinafter “instant auction procedure”).

3) The Defendant is a specialized securitization company under the Asset-Backed Securitization Act. After the commencement of the instant auction procedure, the Defendant acquired the instant claim secured by the instant collateral security from Nonparty Nonghyup. 4) On May 1, 2014, in the instant auction procedure, Jinyang Branch District Court: (a) distributed a sum of KRW 306,373,221 in the second order among KRW 306,783,151, which was actually distributed to the Defendant; and (b) drafted a distribution schedule (hereinafter referred to as “instant distribution schedule”) to the effect that the Plaintiff, who claimed as a lessee of the instant apartment and claimed as a demand for distribution, would be excluded from the distribution of dividends.

5) The Plaintiff appeared on the aforementioned date of distribution and raised an objection against KRW 22,00,00 corresponding to the deposit for small amount lease that is recognized as the top priority repayment pursuant to the Housing Lease Protection Act among the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on May 7, 2014. (B) The Plaintiff filed a lawsuit of demurrer against distribution on the instant apartment by mutual agreement between Nonparty E and Nonparty C, who was the spouse of the Plaintiff, without brokerage of licensed real estate agents.

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