logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.21 2017가단510696
배당이의
Text

1. Of the distribution schedule prepared on March 22, 2017 by the said court with respect to the Suwon District Court B’s auction of real estate.

Reasons

1. Facts of recognition;

A. On March 11, 2010, regarding the apartment of this case (hereinafter “the apartment of this case”) (hereinafter “the apartment of this case”) owned by the Co., Ltd. C (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “the apartment of this case”) the first priority mortgage, which was composed of two community credit cooperatives, debtor F, debtor F, maximum debt amount, 128,70,000, and the second priority mortgage, which was the mortgagee Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on July 24, 2014, was completed, respectively.

B. On May 3, 2016, the non-party bank applied for the auction of real estate (hereinafter “instant auction”) on the apartment of this case to Suwon District Court B based on the above second priority collective security right, and during the auction of this case, the non-party bank transferred the above second priority collective security right claim to the plaintiff.

C. In the instant auction procedure, on March 22, 2017, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the lessee (a lessee) distributes KRW 14,00,000 to the Plaintiff, who is the applicant creditor and the second priority mortgagee, in the first order among the amount to be actually distributed on the date of distribution of KRW 130,848,864, which is to be actually distributed on the date of distribution.

The Plaintiff appeared on the date of distribution of the instant auction procedure, and stated an objection against the whole amount of the said dividend to the Defendant, and filed a lawsuit of demurrer against the distribution with the instant court on March 28, 2017.

[Ground for Recognition: Unsatisfy, Gap evidence 1-11 (including branch numbers, if any); hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff of the parties asserted that the defendant is the most lessee, and the defendant asserts that he is a legitimate small-sum lessee.

B. Determination of Gap evidence Nos. 1-11, Eul evidence Nos. 1-3, and fact-finding with respect to the head of the wife at the time of this court's tolerance-si, the following facts are added to the purport of the entire pleadings.

arrow