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(영문) 의정부지방법원고양지원 2015.07.17 2014가단37364
배당이의
Text

1. The main claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On January 26, 2014, the Plaintiff entered into a lease agreement with Nonparty D’s grandchildren. On January 26, 2014, the lease agreement was concluded by setting the lease agreement as 15,00,000 won for one column among F apartment 102, 1305, and 1305 (hereinafter “instant real estate”) in Pakistan-si (hereinafter “instant real estate”), and the lease agreement was concluded for a period from January 27, 2014 to January 26, 2016. On January 28, 2014, the said move-in report was filed and the fixed date was received.

B. As of April 25, 2006, the instant real estate had been completed on the auction procedure, the attachment registration was completed on April 25, 2006, with the creditor H, claim amounting to KRW 65,000,000, the creditor, claim amounting to KRW 65,000,000, and the provisional attachment registration was completed on January 25, 2006, with the maximum claim amounting to KRW 120,000. The attachment registration was completed on February 8, 2010.

On April 8, 2014, H, a person holding the above provisional seizure, filed an application for compulsory auction to Goyang branch court B, and started the compulsory auction procedure on April 8, 2014. On April 24, 2014, a new bank, a mortgagee, filed an application for the commencement of voluntary auction to the same court C, and the auction procedure on the instant real estate (hereinafter referred to as “instant auction procedure”) was conducted on April 24, 2014.

In the above procedure, the Plaintiff filed a report on the right and filed an application for demand for distribution.

C. On October 28, 2014, the lower court drafted a distribution schedule to the effect that, except for the Plaintiff’s dividends, the remainder, excluding the pertinent tax, is distributed to the Defendant who acquired the right to D from a new bank that was a stock company, the acquisition of the right to D.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against 12,00,000 won out of the amount of distribution of the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 11, and the purport of the whole pleadings

2. The plaintiff alleged by the parties in this case.

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