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(영문) 수원지방법원평택지원 2015.01.13 2014가단43392
배당이의
Text

1. The Suhyup District Court shall prepare on May 28, 2014 with respect to the auction case of real estate E in Suwon District Court.

Reasons

1. Basic facts

A. The Fisheries Cooperatives established the right to collateral security against F with respect to the land located in Pyeongtaek-si G, H, I, J, Pyeongtaek-si, Pyeongtaek-si, and L and its ground buildings (hereinafter collectively referred to as “instant real estate”) owned by F in order to secure F’s credit against F, the Fisheries Cooperatives completed the registration of creation of several adjacent mortgages from March 28, 2007 to March 19, 2009.

B. The progress of the auction procedure and the Plaintiff’s acquisition of the Plaintiff’s bonds 1) The auction procedure for the instant real estate is conducted in Suwon District Court E in accordance with the application of the Fisheries Cooperatives, the creditor of the instant real estate (hereinafter “the auction procedure of this case”).

(A) On March 5, 2013, the registration of the decision on commencement of voluntary auction was also completed on the same day.

(2) After that, the Plaintiff received all the claims secured by the said collateral security from the fisheries cooperatives.

C. The real estate of this case was sold in KRW 536,984,00, and the proceeds from the sale thereof was added to KRW 1,722,254, and the execution cost was deducted to KRW 12,123,240, and KRW 526,583,014 ( = 536,984,00 + KRW 1,722,254 - KRW 12,123,240) was actually distributed to Defendant A in fact. (2) In the instant voluntary auction procedure, Defendant A sold the real estate of this case to KRW 15,00,000,000, and the lease period was from April 27, 2009 to April 23, 2013; and (3) the right to demand distribution as prescribed by the lessee from April 27, 2009 to April 26, 2013.

3) In the instant voluntary auction procedure, Defendant B entered into a lease agreement with F on March 13, 2012, setting a deposit of KRW 3,00,000, monthly rent of KRW 350,000, and the term of lease from March 27, 2012 to March 27, 2013; Defendant C reported the right and demanded distribution on April 23, 2013; Defendant C entered into the instant voluntary auction procedure; and Defendant C entered into a lease agreement on KRW 5,00,000, monthly rent of KRW 150,000 on February 18, 200, with regard to the two partitions of the single floor of the building located in Pyeongtaek-si.

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