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(영문) 의정부지방법원고양지원 2016.06.17 2015가단24907
배당이의
Text

1. The distribution schedule prepared by the above court on August 21, 2015 in the case of the Goyang District Court B real estate auction case in Goyang Branch B.

Reasons

1. Basic facts

A. In order to secure a loan to C, the Plaintiff is the apartment of this case, which was owned by C on June 10, 201, in order to secure a loan to C., the Plaintiff’s apartment of this case, the third floor Nos. 303, 1509, Yongsan-gu, Busan Metropolitan City.

(B) As to the registration of creation of a mortgage for the apartment of this case, C had the maximum debt amount of KRW 672,10,000, and the debtor completed the registration of creation of a mortgage for the debtor. B. Upon delay of the principal and interest of the loan, the Plaintiff filed an application for voluntary auction against the apartment of this case with the High Government District Court (hereinafter the above court E) on November 27, 2014. (c) On February 1, 2013, the Defendant: (a) leased the apartment of this case with the deposit of KRW 30,00,000,000, the rent of KRW 1,50,000, and the rent of KRW 1,50,000; (b) filed an application for the said auction; (c) on May 16, 2013, on the premise that the Plaintiff did not have any dispute over the dividend amount of KRW 30,000,000,000 in the said auction procedure; (d) on the premise that the Plaintiff was 130,3630,0140.

2. Summary of the parties' arguments;

A. From 30,00,000 to 30,000,000 to 12,000,000,000 ( monthly rent x 8 months) shall be deducted from the Plaintiff’s deposit for rent from December 2, 2014 to July 2015.

Therefore, in the distribution procedure of this case, the defendant should distribute only KRW 18,000,000 to the plaintiff and the remainder should be corrected to distribute to the plaintiff.

B. The Defendant did not have any overdue charge against Defendant C, and thus, the instant distribution schedule is justifiable.

3. The lease deposit in the judgment lease agreement shall be the same.

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