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(영문) 서울북부지방법원 2016.06.03 2015가단44219
배당이의
Text

1. Of the distribution schedule prepared on October 23, 2015 by the above court with respect to the case of compulsory auction of real estate E by the Seoul Northern District Court.

Reasons

1. Facts of recognition;

A. On June 16, 1989, F completed the registration of ownership transfer with respect to the housing of 172 square meters in Jung-gu Seoul Metropolitan Government G (Road Name Address Jung-gu H) and of 172 square meters in width and its ground brick flusingsium 2 (hereinafter “instant building”).

B. On October 22, 2013, Plaintiff A entered into a lease agreement with F and the second floor of the instant building by setting the lease deposit of KRW 170,00,000 and the term of lease from November 11, 2013 to November 10, 2015.

C. On October 22, 2013, Plaintiff B entered into a lease agreement with F and the first floor room of the instant building by setting the lease deposit of KRW 30,000,000 and the term of lease from November 11, 2013 to November 10, 2015.

Plaintiff

C On April 23, 2013, among the instant building, a lease contract was concluded with F to set the lease deposit of KRW 70,000,000, and the term of lease from May 26, 2013 to May 28, 2015 with regard to two partitionss in the first floor among the instant building. However, a lease contract was concluded to increase the lease deposit of KRW 10,000,000 on August 18, 2014.

E. On April 18, 2014, the Defendant agreed to enter into a lease agreement (hereinafter “instant lease agreement”) with F as to the three partitions of the ground floor among the instant building by setting the lease deposit amounting to KRW 32,00,000,000, and the term of lease from April 18, 2014 to April 18, 2015 (hereinafter “the instant lease agreement”), and the Defendant agreed to provide the lessee with a special agreement for KRW 32,00,000 as a special agreement.

F. On March 19, 2015, regarding the instant building, etc. owned by F, the decision to commence a compulsory auction of real estate was rendered by this Court E.

On October 23, 2015, the auction court opened a distribution date of KRW 25,00,000 to the defendant, and prepared a distribution schedule that distributes the amount of KRW 155,428,385 to the plaintiff A, KRW 25,00,000 to the plaintiff B, and KRW 70,000,000 to the plaintiff C (hereinafter “instant distribution schedule”).

On October 29, 2015, the Plaintiffs raised an objection against the whole amount of dividends to the Defendant on the date of distribution.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 6, 13, 14, and Eul 2.

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