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(영문) 의정부지방법원고양지원 2013.11.08 2013가단12450
배당이의
Text

1. It was drawn up by the above court on March 27, 2013 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-gu.

Reasons

1. Facts of recognition;

A. 1) The Defendant prepared a distribution schedule, etc. 1) The Defendant owned the non-party C’s Goyang-gu D apartment No. 911, Dong 502 (hereinafter “the instant apartment”).

As to the maximum debt amount, the maximum debt amount is KRW 329,00,000, the debtor, the non-party E and the mortgagee of the right to collateral security as the defendant on July 1, 2009, and the establishment registration of a collateral security (hereinafter referred to as the “mortgage of this case”) completed on July 1, 2009 as the grounds for the registration of the establishment of the right to collateral security (hereinafter referred to as the “mortgage of this case”).

) Based on the foregoing, an application for voluntary auction on the instant apartment was filed, and on May 25, 2012, the auction procedure following the said voluntary decision to commence the auction procedure is “instant auction procedure.”

(2) At the instant auction procedure, the Jinyang Branch of the District Court set up a distribution schedule (hereinafter “instant distribution schedule”) that excluded the Plaintiff, who claimed as the lessee of the instant apartment, from the distribution of dividends, in the order of KRW 221,05,743, the amount of KRW 221,05,743, which was actually distributed on March 27, 2013.

3) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 20,00,00 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on April 1, 2013. (b) On February 22, 2012, the Plaintiff entered into a lease agreement with Nonparty C and Licensed Real Estate Agents for the instant apartment as a mutual agreement without arranging Nonparty C and Licensed Real Estate Agents, with the lease deposit amount of KRW 23,00,000, and the lease term of the instant apartment from February 29, 2012 to February 29, 2014 (hereinafter “instant lease agreement”). The Plaintiff completed the move-in report on the instant apartment on February 23, 2012, and obtained the fixed date on February 22, 2012.

Meanwhile, the non-party F and the non-party G, the spouse of the plaintiff, are moving-in reports to the apartment of this case on April 19, 2012.

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