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(영문) 청주지방법원충주지원 2015.06.18 2014가단5008
배당이의
Text

1. F and Defendant D concluded on June 10, 201 with respect to No. 202 among the buildings listed in attached Table No. 2.

Reasons

1. Basic facts

A. (1) On July 28, 201, Plaintiff A completed the registration of creation of a mortgage over each real estate listed in the separate sheet, including the debtor F and the maximum debt amount of KRW 48,00,000,00. (2) On May 23, 2011, Plaintiff B leased 101 among the buildings listed in the separate sheet No. 2 (hereinafter “instant building”) from F for a fixed term of 50,000,000, and two years for a lease deposit. On August 3, 2012, Plaintiff A filed a move-in report with respect to the foregoing subparagraph 101, and obtained a fixed date in the said lease agreement.

3) On March 25, 2013, Defendant E leased KRW 303 of the instant building as KRW 15,00,000 from F. On June 17, 2013, Defendant D made a move-in report on the said lease agreement and received a fixed date on the said lease agreement. Defendant D, on June 17, 2013, leased KRW 15,00,000 among the instant building from F, KRW 202 of the instant building as the lease deposit amount of KRW 15,00,00 from F. On June 10, 2013, he/she filed a move-in report on the said subparagraph 202 of the same month and received the fixed date on the said lease agreement.

B. On October 16, 2013, the Central Agricultural Cooperative (1) filed an application for voluntary auction on each real estate listed in the separate sheet with F as the debtor and owner on October 16, 2013. On October 17, 2013, the Cheongju District Court rendered voluntary auction decision on October 17, 2013 (the foregoing court G and hereinafter “instant auction”).

(2) The current status of real estate for the auction of this case and the investigation of the possession relation are stated to the effect that “Although several visits were made to the instant building 202 and 303, the possession relationship cannot be confirmed as the owner or possessor cannot be met or the contact cannot be made due to the absence of closure, and the Defendants stated that they are persons who are deemed to have been transferred to a resident on the resident registration, but who may not be confirmed by the lessee.”

3) The instant auction court, the Plaintiff A demanded the distribution of KRW 48,00,000 for loans to F, and the Plaintiff B demanded the distribution for KRW 50,000 for lease deposit. 4)

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