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(영문) 수원지방법원성남지원 2015.02.13 2014가단23613
배당이의
Text

1. It was prepared on July 17, 2014 by the said court with respect to the case of the voluntary auction of real estate C in Sung-nam Branch of Suwon District Court.

Reasons

1. Basic facts

A. Nonparty D completed the registration of ownership transfer on September 21, 2004 with respect to the land E (hereinafter “instant land”) and the above ground housing (hereinafter “instant housing”) in Sungnam-si, Sungnam-si.

B. With respect to the instant land and housing, the Seongbuk-dong Saemaul Savings Depository completed the registration of establishment of each of the maximum debt amount of March 16, 2004, KRW 26 million on June 23, 2008, KRW 13 million on the maximum debt amount of June 23, 2008, KRW 26 million on March 4, 2009, KRW 13 million on June 7, 2009, respectively.

C. On April 2009, the Defendant leased two rooms from D around 38,000,000 won among the first floor of the instant housing, and resided in the instant building by filing a move-in report and renewal of the lease contract. On January 8, 2013, the Defendant increased the lease deposit to KRW 43 million, but did not obtain a fixed date in the lease contract.

On August 26, 2011, the Plaintiff agreed to lease part of the first floor of the instant house with a lease deposit of KRW 55 million, and from October 27, 201 to September 27, 2013, and completed the move-in report on the said house, and obtained a fixed date in the lease contract on October 27, 201.

E. On September 27, 2013, the Seongbuk-dong Saemaul Savings Depository filed an application for an auction of real estate rent with respect to the instant land and housing, and the auction procedure (hereinafter “instant auction procedure”) commenced on September 27, 2013.

F. On July 17, 2014, the date of distribution of the instant auction procedure, the said auction court distributed KRW 27 million to the Plaintiff and the Defendant each of the small amount of deposit, and, in the second order, distributed the total amount of KRW 73,212,014 to the Seongbuk-dong Saemaul Bank, the creditor requesting auction and the mortgagee of the right to request auction, and in the fourth order, set up a distribution schedule that distributes KRW 8,656,063 to the Plaintiff, the lessee of the fixed date (hereinafter “instant distribution schedule”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 1.

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