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(영문) 인천지방법원 2015.05.19 2014가단30734
배당이의
Text

1. A distribution schedule prepared by the foregoing court on April 30, 2014 with respect to the compulsory auction of real estate B and C (Dual) in Incheon District Court.

Reasons

Basic Facts

On September 2, 2008, the right to collateral security, which consists of a mortgagee, National Agricultural Cooperative Federation of Korea, a maximum debt amount of KRW 201,600,000 on September 2, 2008, which was owned by Nonparty D (hereinafter “instant real estate”), was set up on March 15, 201, with the maximum debt amount of KRW 70,200,000, respectively.

Defendant B&C Specialized in the Asset-Backed Securitization (hereinafter “Defendant B&C Specialized Company”) was transferred to the National Agricultural Cooperative Federation’s right to collateral loans on collateral security.

On April 30, 2012, the compulsory auction procedure was initiated on the instant real estate.

The Plaintiff filed a report on the right and demand for distribution by asserting that it is a lessee who paid the lease deposit amount of KRW 20 million with respect to the instant real estate during the above auction procedure.

On the date of distribution that was implemented on April 30, 2014, this Court distributed KRW 201,60,000 to Defendant U&S land-backed securitization specialists, and KRW 11,968,729 to Defendant EW case, respectively, in the third order, and the Plaintiff, who demanded a small amount of distribution as a lessee, was excluded from the distribution.

The plaintiff raised an objection against the dividend amount to the defendants on the date of distribution.

[Grounds for recognition] The Plaintiff resided in No. 401 of the Nam-gu Incheon Metropolitan City F building owned by the Plaintiff and sold No. 401 of the F building to G on April 23, 2012, when the Plaintiff was aware that there was no dispute over the dispute, Gap 1, 3, 10 evidence, Eul 1, and the purport of the entire pleading as to whether the Plaintiff is a genuine tenant.

On March 24, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, stipulating that the instant real estate is leased as KRW 20 million, term of lease from April 11, 2012 to April 10, 2014 (hereinafter “instant lease agreement”).

One million won out of the deposit was paid on the date of the contract, and 1 million won was paid on April 4, 2012, and the remainder 18 million won on April 11, 2012.

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