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(영문) 의정부지방법원고양지원 2016.05.20 2015가단1546
배당이의
Text

1. As to Defendant Jung-up Agricultural Cooperatives, National Health Insurance Corporation, and new card companies by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The party-related Nonparty C was the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). Nonparty D was the mother of Nonparty C, and the Plaintiff is the kin of C.

B. The Plaintiff entered into a lease agreement with C: (a) the deposit amount of KRW 40,00,000 for the instant real estate; and (b) the lease period from June 27, 2012 to June 27, 2014 was set up.

On the other hand, D also concluded a lease contract between June 27, 2012 to June 27, 2014 with a deposit of KRW 25,000,000 for the instant real estate between D and C on the same day.

On June 27, 2012, the Plaintiff and D made a move-in report for resident registration on the instant real estate, and the Plaintiff obtained a fixed date in each of the above lease agreements on November 19, 2013, D, January 7, 2014, and each of the above lease agreements.

C. On November 11, 2010, the instant real estate had been registered as the mortgagee of the right to collateral security, which was established as of November 11, 201, with the maximum debt amount of KRW 228,00,000,000, and on January 24, 2014, the registration of provisional seizure as of KRW 7,443,139, which was applied by the Defendant New Card Co., Ltd., Ltd., (hereinafter “Defendant KNB Card”), the registration of provisional seizure as of KRW 18,240,633, the claimed amount filed by the Defendant KNB Card Co., Ltd. (hereinafter “Defendant KNB Card”), and on March 3, 2014, the registration of provisional seizure as of KRW 17,239,200,00 was completed.

The Defendant Jung-Eup Agricultural Cooperative applied for the commencement of voluntary auction to Goyang-gu District Court Goyang-do B with respect to the instant real estate, and the auction procedure was conducted on April 29, 2014.

The plaintiff and A made a report on the right and demand for distribution as a lessee in the above procedure.

On January 8, 2015, except for the Plaintiff and D’s dividends, the court below set up a distribution schedule, 1.5,769,19, 286,99, 686,90, and 686,910, and 1.5.

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