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(영문) 수원지방법원 2014.09.25 2014가합1723
배당이의
Text

1. Of the distribution schedule prepared on January 28, 2014 by the above court with respect to the case of compulsory auction of real estate D in Suwon District Court D.

Reasons

1. On September 3, 2011, E purchased the G Apartment No. 104 and 201 (hereinafter “instant apartment”) from F from the Republic of Korea on September 3, 201, and completed the registration of ownership transfer at that time. On October 27, 2011, E completed the registration of creation of a mortgage consisting of the maximum debt amount of 312,000,000 won in the front of the Defendant Woori Bank Co., Ltd. (hereinafter “Defendant Woori Bank”). On January 27, 2012, E completed the registration of creation of a mortgage consisting of 54,000,000 additional maximum debt amount of 54,000,000.

On March 14, 2013, Defendant B filed an application for compulsory auction for the instant apartment in accordance with the payment order (Seoul Central District Court 2013Guj9347) with respect to E, and on May 16, 2013, Defendant B started compulsory auction for the instant apartment as Suwon District Court D (hereinafter “instant auction procedure”) with respect to the instant apartment on May 16, 2013, and sold the said real estate.

In the auction procedure of this case, the plaintiff asserted that he is a lessee with the fixed date on the apartment of this case and filed a report on the right and demand for distribution concerning the claim to return the lease deposit amount of KRW 190 million with the court of execution.

On January 28, 2014, the execution court set up a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing KRW 16,942,183,357 to the Defendant Woori Bank, the mortgagee of the right to demand distribution, the mortgagee of the right to demand distribution, the third order, KRW 6,945,513, and KRW 16,942,183, and KRW 1863,357 to the Defendant Woori Bank, the mortgagee of the right to demand distribution, the third order, as well as KRW 331,58,846, and excluded the Plaintiff from the distribution of dividends.

On January 28, 2014, the Plaintiff appeared on the date of distribution, and raised an objection to the entire amount of dividends of the Defendant’s Bank’s dividends of KRW 164,248,947, Defendant B, C, and our card, and filed the instant lawsuit on February 3, 2014, the period during which the lawsuit was filed.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 2 (if there are serial numbers, including each number; hereinafter the same shall apply).

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