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Reasons
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(영문) 춘천지방법원 2015.10.13 2015가단4804
배당이의
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1. Of the distribution schedule prepared on June 29, 2015 by the said court with respect to the Chuncheon District Court B’s auction of real estate.

Reasons

1. Facts of recognition;

A. On September 2, 2009, the Plaintiff: (a) on September 2, 2009, with respect to D Apartment No. 204, 304, 304 (hereinafter “instant apartment”); (b) the obligor C, the maximum debt amount of KRW 61,00,000 (hereinafter “instant apartment”); (c) the registration of creation of a neighboring mortgage, the Plaintiff of the right to collateral security, was completed; (d) on August 21, 2012, the Plaintiff extended KRW 20,000,00 to C with additional loans around August 20, 2012 (hereinafter “instant loan”); and (e) on the security of the foregoing loan claims, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”).

B. On September 19, 2014, the Plaintiff filed an application for a preliminary auction on real estate regarding the instant apartment with the Chuncheon District Court B, and the auction procedure on the instant apartment was commenced.

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, the Defendant demanded the distribution of the instant apartment on the ground that it is a lessee with the fixed date, and the said execution court, on June 29, 2015, prepared a distribution schedule with the content that the amount to be actually distributed is KRW 105,513,32 of the amount to be actually distributed on the open date of distribution (hereinafter “instant distribution schedule”).

Creditors, 135,360 won, 72,783,372 won, 400 won, 94,600 won, 50,211,439 won, 230 won, 32,500 won, 135,360 won, 360 won, 135,360 won, 75,000 won, 4 fixed-date lessee, 42,783,372

D. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 17,711,439, which was not distributed to the Defendant, and thereafter filed the instant lawsuit within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 is asserted by the parties.

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