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(영문) 수원지방법원평택지원 2015.06.05 2014가단5901
배당이의
Text

1. On April 11, 2014, in relation to the case of Suwon District Court C and D (Dual) auction of real estate, the above court shall make a decision on April 11, 2014.

Reasons

1. Basic facts

A. On April 8, 2011, the Plaintiff lent KRW 2,040,000,000 to E (hereinafter “instant secured loan”). On the same day, the Plaintiff completed the registration of the establishment of a neighboring building of KRW 2,80,000,000 to E with respect to Pyeongtaek-si F&447.2 square meters and above ground buildings owned by E (hereinafter “instant real estate”).

B. Since then, E did not pay interest on the instant secured loan, the Plaintiff filed an application for voluntary auction of the instant real estate with this court C and D (Dupl) based on the instant secured mortgage, and the decision to commence auction was rendered by this court on July 5, 2013.

(hereinafter “instant auction procedure”). C.

The Defendants are commercial tenants of the instant real estate. At the instant auction procedure, Defendant A reported the right and demanded distribution on July 8, 2008 with the term “60,000,000 won for the lease deposit, KRW 80,000 per month for the rent, and KRW 800,000 for the date of business registration and the date of confirmation,” and Defendant B made a demand for distribution on November 2, 2010 on the date of business registration (hereinafter “the aforementioned demand for distribution”) and on December 3, 2012 on (40,000,000 for the lease deposit prior to the increased amount, KRW 1,00,000 for the rent deposit, KRW 2,00 for the rent, and KRW 1,00,000 for the rent, and on November 2, 2010, the date of business registration, and each of the above reports on the demand for distribution (hereinafter “the above demand for distribution”).

On April 11, 2014, this Court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes each of the amount of KRW 60,000,000 in the second order to Defendant A (100%) and KRW 40,000 (100%) in the third order to Defendant B, and KRW 2,312,990,292 (83.4%) in the fourth order to the Plaintiff, on the date of distribution of the instant auction procedure.

E. On the date of the above distribution, the Plaintiff raised an objection against the entire amount distributed to the Defendants, and filed a lawsuit of demurrer against the distribution of this case.

[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 4, 7, 8 (including each number; hereinafter the same shall apply) and arguments.

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