logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.07.08 2013가단213035
배당이의
Text

1. Of the distribution schedule prepared on July 24, 2013 by the said court with respect to the auction of real estate B by the Daejeon District Court.

Reasons

1. Basic facts

A. On August 2, 2012, one bank filed an application for voluntary auction with the Daejeon District Court B, Daejeon District Court, 102 Dong 302 (hereinafter “instant apartment”) as a mortgagee, and voluntarily decided to commence auction on August 2, 2012 (hereinafter “instant auction”), and filed a registration of entry on the same day.

B. The Plaintiff is a person who acquired the above collateral security claim by Han Bank. In the above auction procedure, the Defendant reported the right to lease deposit amounting to KRW 25 million as a lessee and made a demand for distribution.

C. In the above auction procedure, on July 24, 2013, the above court: (a) recognized the Defendant as a small lessee and drafted a distribution schedule that distributes KRW 14,00,000 to the Defendant; (b) 377,700 to the Jung-gu in Daejeon Metropolitan City as the second priority; and (c) 161,446,347 to the Plaintiff, a mortgagee, as the right to collateral security (hereinafter “instant distribution schedule”).

The plaintiff appeared on the date of the above distribution, and raised the lawsuit of this case after raising an objection to the distribution of KRW 11,134,869 among the amount distributed by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that “The instant distribution schedule distributed KRW 14,00,000 to the Defendant, who is the largest lessee, should be corrected.”

B. As to this, the Defendant: “The Defendant entered into a lease agreement with the husband E of the instant apartment, who is the owner of the instant apartment, with respect to one column among the instant apartment, and the lease deposit amounting to KRW 25 million, the Defendant paid KRW 15 million in cash, as the Plaintiff was the owner of the instant apartment as the owner of the instant apartment, and paid in full the amount of KRW 15 million in cash, and was residing in the instant apartment after the moving-in report, and therefore, the instant distribution schedule that distributed the small amount of lease deposit to the Defendant is justifiable.”

arrow