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(영문) 수원지방법원안산지원 2015.02.17 2013가단28872
배당이의
Text

1. A distribution schedule prepared on August 1, 2013 by the above court with respect to the compulsory auction case of Suwon District Court E-real estate.

Reasons

1. Basic facts

A. 1) The Plaintiff is a building with the first basement and third floor above ground in Ansan-si, Ansan-si (hereinafter “instant building”).

() The Seoul High Court (Seoul High Court Decision 2009Na41573, Jun. 10, 2010) rendered against G, the owner of which filed an application for compulsory auction of the instant building and its site for the compulsory auction of the instant real estate E with the Suwon District Court, Ansan-do, Seoul District Court. The said court rendered the said decision to commence compulsory auction on November 17, 2010 (hereinafter “instant compulsory auction procedure”).

(2) On February 23, 2011, the date of demand for distribution in the instant auction procedure was determined as of February 23, 201. However, on December 8, 2010, Defendant B reported the right of KRW 104 on the ground of the instant building (hereinafter “instant building No. 104”) and the lease deposit amount of KRW 28 million as the lessee of the instant building (hereinafter “instant building No. 104”). Defendant C, as the lessee of the instant building No. 204 on December 8, 2010, as of KRW 2.5 million, as of the lease deposit of KRW 2.5 million, as the lessee of the instant building No. 204 on December 28, 2010, Defendant D reported the right of KRW 3 million on the lease deposit as of December 28, 2010.

3) Of KRW 585,073,815, which is to be actually distributed on the date of distribution open on August 1, 2013 in the instant auction procedure, Suwon District Court prepared a distribution schedule to distribute the amount of KRW 26,441,227 to Defendant B, as the first lessee to Defendant C, KRW 2.5 million, as the first lessee to Defendant C, and KRW 3 million as the first lessee to Defendant D. (4) The Plaintiff appeared on the date of the said distribution date, and raised an objection against the total amount of dividends of Defendant C and D, as to the amount of dividends of KRW 1.5 million out of the amount of dividends of Defendant B.

B. (1) Defendant B) on March 14, 2007 and subparagraph 104 of the building of G and this case on March 19, 2008, the lease deposit of KRW 13 million and the term of lease from March 20, 2007 to March 19, 2008.

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