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(영문) 의정부지방법원 2015.06.05 2015나657
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On August 12, 2011, Defendant C was set up a right to collateral security of KRW 45,000,000 with respect to the third floor of the F apartment commercial building located in E (hereinafter “instant commercial building”).

B. On September 11, 2012, the Plaintiff leased the instant commercial building and the said F apartment commercial building No. 304 (hereinafter “No. 304”) from Defendant B as KRW 24 months from October 24, 2012, lease deposit amounting to KRW 15,00,000, and KRW 500,000 from the rent, respectively, and received each of the said commercial buildings on October 24, 2012. At that time, the Plaintiff registered the business with the trade name “G” and obtained the fixed date on February 13, 2013.

C. After that, on December 24, 2012, Defendant C’s voluntary auction application based on the above right to collateral security, the voluntary auction for the instant commercial building was commenced with the District Court D, and the Plaintiff submitted, in the process of the auction procedure, a report on the right to the said lease deposit and a written application for the demand for distribution, and a report on the right to retention as to the construction cost (cost for rent) 52,154,50 won on April 30, 2014, respectively.

On the other hand, with respect to the amount to be actually distributed on the date of distribution on July 18, 2014, the above auction court: (a) 45,00,000 won (the amount corresponding to the maximum debt amount out of the total debt amount of 56,432,874) to Defendant C, the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-holder, and (b) 5,50,000 won (the remaining amount of debt, which remains after deducting the 9,500,000 won in arrears for 19 months), 5,00 won (the maximum debt amount of 5,50,000 won in arrears for 19 months), 11,432,874 won (the amount exceeding the maximum debt amount of 56,432,874 won) to Defendant C, the debtor-owner-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based, and 6.

[Ground of recognition] Facts without dispute, significant facts, Gap evidence 1 to 4, Eul evidence 7-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment are as follows.

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