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(영문) 인천지방법원부천지원 2015.09.23 2015가단106600
배당이의
Text

1. Of the distribution schedule prepared on May 8, 2015 in the Incheon District Court B real estate auction case B, the defendant is against the defendant.

Reasons

1. Basic facts

A. The instant housing units No. 1334, 1901, and 1901 (hereinafter “instant housing”) were originally owned D real estate. On August 1, 2014, an order-based auction procedure (hereinafter “instant auction procedure”) was commenced upon the application of the Savings Bank (hereinafter “EF”) by the Savings Bank, a secured party, and was sold to E on March 12, 2015.

B. The Savings Bank set up a collateral on March 14, 2007 with the debtor D as to the instant real estate and with the maximum debt amount of KRW 819,00,000,000. The Plaintiff completed the supplementary registration prior to the said collateral transfer on September 26, 2014, on the ground that the secured debt was transferred from Savings Bank on September 25, 2014 after the commencement of the said auction procedure.

C. In the instant auction procedure, the Defendant reported the right to lease deposit amounting to KRW 34,300,000 and made a demand for distribution as a lessee.

On September 2, 2013, the Defendant: (a) leased part (one column) of the instant house from D to KRW 34,300,000; and (b) reported that the instant house was handed over on the same day and completed the move-in report on resident registration.

On May 8, 2015, the auction court distributed 16,446,32 won (the maximum amount of the deposit for preferential lease under the Housing Lease Protection Act as of March 14, 2007, which was the date on which the highest security right was established) to the Defendant as a lessee under Article 8 of the Housing Lease Protection Act, and distributed 446,32 won (the maximum amount of the deposit for preferential lease under the Housing Lease Protection Act as of March 14, 2007, which was the date on which the second security right was established) in the second order. The auction court distributed 16,432 won in total, such as distributing 4 million won in proportion to the amount calculated by deducting 16,30 million won from the maximum amount of the deposit for preferential lease under the Housing Lease Protection Act as of September 23, 2009, which was the date on which the second security right was established).

The Plaintiff received dividends of KRW 208,835,289 in the second order. The amount of such dividends shall not exceed KRW 819,00,000,000, the maximum amount of the secured debt, within the limit of the principal and interest of the secured debt.

E. The Plaintiff on May 8, 2015.

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