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(영문) 청주지방법원 2018.03.30 2017가단9442
배당이의
Text

1. Of the distribution schedule prepared on August 16, 2017 by the same court with respect to the auction and sale cases of Cheongju District Court.

Reasons

1. Basic facts

A. On June 15, 2016, the auction procedure (hereinafter referred to as “instant auction procedure”) took place on the site and housing indicated in the separate sheet indicating the real estate owned by S (hereinafter “instant housing”) upon the application of the Heungdong Saemaul Community Depository, which was a collateral security right, on June 15, 2016. The period of the completion of the demand for distribution was determined on October 28, 2016.

B. On November 10, 2012, the Plaintiff entered into a lease agreement with S to lease KRW 303 of the instant housing (hereinafter “instant housing 303”), setting the lease deposit amount of KRW 22 million from November 18, 2012 to November 17, 2014 (hereinafter “instant lease agreement”), and paid the said lease deposit to S until November 17, 2012.

C. On November 18, 2012, the Plaintiff received 303 units of the instant housing from S, and completed the move-in report with 303 units of the instant housing on December 17, 2012, and thereafter filed a move-in report on January 27, 2015, in sequence, the Plaintiff made a move-in report with Cheongju-gu U, 303 units of the instant housing on October 21, 2015, and filed a move-in report with 303 units of the instant housing on March 8, 2016.

In the instant auction procedure, not later than the completion date for the demand for distribution, the Defendants are the small lessee of each of the relevant housing units indicated in the address column of the Defendants among the instant housing units, and the Plaintiff filed a report on the right and the demand for distribution, respectively, as the lessee of the small amount leased No. 303 housing units

E. On the date of distribution implemented on August 16, 2017 at the instant auction procedure, the said court distributed KRW 22,308,128, which is equivalent to 1/2 of the value of the instant house, among KRW 444,616,276, the amount to be actually distributed to the Defendants 16, who are the first priority lessee, of small amount of KRW 13,894,258, respectively. (=22,308,128 ± 16) ± 222,308,148 ± 2222,308,148 / 26) to each of the Defendants 16, who are the first priority lessee of small amount of KRW 44,616,276.

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