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(영문) 의정부지방법원 2017.05.12 2015가단125234
배당이의
Text

1. As to the case of request for a voluntary auction of real estate, this Court drawn up on December 14, 2015.

Reasons

1. Basic facts

A. In the auction procedure of real estate rent, the above court opened a date of distribution on December 14, 2015 and prepared a distribution schedule with the following contents:

The creditor of the creditor of the defendant A-B (Small Lessee, the person holding the right to deliver, and the person holding the right to deliver, the third party) The Nonghyup Bank (B) the Hancheon Bank Co., Ltd. (B) the amount of dividends of KRW 12,000,000,000, 2,200,200, 34,069,953, 969,039,037,804, 1,123,063,641, 100, 100% of the dividends of KRW 30.76% of the 87.78% of the 93.59% of the amount of dividends of KRW 969,00,00,00,000,000, 2,2000, 2000, 2,003,063,641

B. The subject matter of the auction in the case of the said application for the auction of the said real estate is comprised of ① 767 square meters in Gangwon-do E (Road Name Address F), ② 48 square meters in the capacity of 1st, 46.73 square meters in the capacity of storage and treatment facilities for dangerous substances of the single floor of the steel framed and the instant ground 1st, 522,223 square meters in the capacity of 1st, 46.73 square meters in the capacity of disposal facilities, ③ 98.7 square meters in the same ground tank, 1st, 5th, 5th, 67.24 square meters in the capacity of storage and treatment facilities for dangerous substances of the instant ground 1st, 46 square meters in the capacity of 1st, 33 square meters in the capacity of house and petroleum sales, ④ G (petroleum sales stores), and 946 square meters in G (road name address H), and 67.35 square meters in the above ground.

(5) The above real estate is "one real estate of this case" and the above (2) and (3) the real estate is combined with each other (hereinafter "the two real estate of this case").

In the auction procedure of the above real estate, Defendant A was a small lessee of KRW 20,000,000 for the instant real estate, and Defendant B made a demand for distribution as a small lessee of KRW 30,000,00 for the instant real estate as to the instant two real estate.

The Plaintiff filed a lawsuit for indemnity claim against I, the owner of the said real estate at the Seoul Central District Court (Seoul Central District Court 2014Gahap538753). On June 25, 2015, the Plaintiff was sentenced to the judgment that “I shall pay to the Plaintiff KRW 696,00,297 and delay damages.” The Plaintiff was subject to provisional attachment on the date of distribution of the said real estate auction application case, and was the owner of the said real estate at the same time.

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