logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.09.09 2016가단82
배당이의의소
Text

1. It was drawn up by the court on December 29, 2015 with respect to the case of the voluntary auction of real estate by the Incheon District Court Branch C.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2-1, and the whole purport of the arguments.

On March 6, 2013, the Plaintiff, while lending KRW 42,00,00 to D on March 6, 2013, completed the registration of creation of a mortgage, which is the maximum debt amount of KRW 54,00,00,00,00, as to the apartment of this case owned by D, Kimpo-si, Kimpo-si, 108, 101 (hereinafter referred to as the “instant apartment”).

B. Modern Life Insurance Co., Ltd. filed an application for voluntary auction of the instant apartment to Busan District Court Branch C (hereinafter “instant auction procedure”) with respect to the instant apartment, and the said court rendered a decision to commence auction on February 11, 2015.

C. As to the instant real estate on February 11, 2015, Defendant A completed the lease registration of KRW 20,000,000, monthly rent of KRW 300,000, under Article 12273 of the Incheon District Court’s receipt of the vice versa Kimpo-si Kimpo-dong Office.

On the date of distribution on December 29, 2015, the distribution schedule was prepared to distribute the amount of KRW 24,544,021 as a mortgagee, KRW 19,00,00 as a lessee of small amount registered with Defendant A, and KRW 19,00,00 as a lessee of small amount with opposing power against Defendant B (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of the above distribution, and raised an objection against the amount of KRW 19,00,000 for Defendant A and KRW 8,467,127 for Defendant B, out of the amount of dividends of KRW 19,00,000 for Defendant B, and filed a lawsuit of demurrer against the distribution within seven days.

2. The assertion and judgment

A. The plaintiff's assertion asserts that the contract concluded between the defendants and D is the most lease.

B. The following circumstances, i.e., the data submitted by D in the Debtor Rehabilitation case (In Mancheon District Court 2014Da121611, 2010, 170 million won and KRW 17,000,000,000,000,000 won as to the claim against Defendant A.

arrow