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(영문) 의정부지방법원고양지원 2016.03.25 2015가단33352
배당이의
Text

1. It was drawn up by the above court on November 19, 2015 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-do.

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff entered into a lease agreement with C as to D Apartment Nos. 106 and 1002 (hereinafter “instant real estate”). A deposit is KRW 19,00,000, the lease agreement was concluded between June 14, 2014 and June 13, 2016 (hereinafter “instant lease agreement”). On June 9, 2014, the Plaintiff completed the procedures for resident registration and the confirmation of move-in report on the said real estate.

B. On June 3, 2009, the instant real estate had been registered as a provisional attachment that was filed by the Korean Federation of Gangwon-gu Agricultural Cooperative (hereinafter “Defendant Gangseo-gu”) and the Korean Federation of Credit Guarantee Foundation (hereinafter “Defendant Credit Guarantee Foundation”) with the claimed amount of KRW 6,806,30,000, with the maximum debt amount of KRW 22,80,000. On February 4, 2015, the provisional attachment registration filed by the Korean Federation of Credit Guarantee Foundation (hereinafter “Defendant Credit Guarantee Foundation”) was completed.

Defendant Kang Young-gu applied for the commencement of a voluntary auction on the instant real estate to the High Government District Court Goyang Branch B, and the auction procedure was conducted on May 12, 2015 according to the decision.

The plaintiff reported the demand and right to demand a distribution in the above procedure.

C. In the above auction procedure to prepare a distribution schedule, on November 19, 2015, the said court prepared a distribution schedule to the effect that, except for the Plaintiff’s dividends, Defendant Gangseo-gu distributes total amount of 213,485,246 won of credit, and distribute the amount of KRW 3,081,08 to the Defendant Credit Guarantee Foundation, whichever is lower.

(hereinafter “instant distribution schedule”). Accordingly, the Plaintiff raised an objection to the total amount of dividends against Defendant Kang Seo-gu’s Agricultural Cooperative KRW 10,918,912 out of the amount of dividends, and Defendant Credit Guarantee Foundations.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion is a small amount that can be protected under the Housing Lease Protection Act, which concluded a lease agreement with C on the instant real estate and paid a deposit for lease.

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