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(영문) 의정부지방법원고양지원 2015.08.21 2014가단22584
배당이의
Text

1. On June 23, 2014, with respect to the case of voluntary auction application for the real estate B in Gyeyang-gu District Court Goyang-gu District Court, the above court.

Reasons

1. Facts of recognition;

A. On June 8, 2013, the Plaintiff entered into a lease agreement with C, who was the owner of the said real estate, with regard to Yongsan-gu D and 108 (hereinafter “instant real estate”) on the following occasions: (a) the deposit was KRW 27,00,000; and (b) the lease term was from June 25, 2013 to June 24, 2015.

On June 25, 2013, the Plaintiff received a move-in report and a fixed date on the said real estate.

B. On April 25, 201, C loaned KRW 130,000,00 from Nonparty 1 Agricultural Cooperative Co., Ltd. (former Nonghyup Bank) to secure the above loan claims, and on the same day, set up a collateral security right at KRW 156,00,00 with respect to the instant real estate as the mortgagee, the Nonghyup Bank, the maximum debt amount, KRW 156,00,000.

C. On October 16, 2013, the NongHyup Bank filed an application for the commencement of voluntary auction with the amount of KRW 136,479,99, totaling the principal and damages for delay up to the time with respect to the real estate in this case, as the Goyang Branch B, Goyang-si District Court, and the voluntary auction procedure was initiated according to the said decision.

In the above procedure, the Plaintiff filed an application for a report on the right and a demand for distribution as a lessee, and the ancient city requested the delivery of KRW 106,690 (except for the pertinent tax), KRW 362,50, KRW 362,50, KRW 13,864,260, KRW 64,370, respectively.

In the procedure of preparing a distribution schedule, the court shall exclude the Plaintiff from the distribution of dividends on June 23, 2013, and shall distribute 152,040,821 won, the total amount of credit, to the Defendant UBB-gu Specialized in Asset-backed Securitization Co., Ltd. (Counterclaim Plaintiff; hereinafter “Defendant Company”), which was the mortgagee of the Nong Bank, out of the total amount of credit, and the remaining money shall be distributed 85,746 won, the amount of credit, and 85,746 won, the Defendant Republic of Korea (Counterclaim Plaintiff; hereinafter “Defendant Republic of Korea”), the Republic of Korea (hereinafter “Defendant Republic of Korea”), 291,339 won, 11,67,961 won, 51,734 won, and 734 won, each of which is equal to the Defendant Jongno-gu.

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