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(영문) 수원지방법원안양지원 2016.04.01 2015가단16123
배당이의
Text

1. Of the distribution schedule prepared by the said court on September 23, 2015 in the Suwon District Court’s An auction of real estate B in Suwon Branch B.

Reasons

1.The following facts of recognition may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:

The Plaintiff entered into a lease agreement with C on September 1, 2014, with respect to the lease deposit amounting to KRW 30 million, KRW 50,000,000 per month of rent (prepaid on September 26, 2014), and between September 26, 2014 and September 25, 2016, the Plaintiff entered into a lease agreement with C on the location of the instant apartment on September 23, 2014 and received a fixed date after filing a move-in report at the location of the instant apartment on September 23, 2014.

B. At the time of the instant lease agreement, the right to collateral security (the maximum claim amounting to KRW 531 million) was established on August 26, 2011 in the apartment of this case at the time of the instant lease agreement. However, on October 27, 2014, the Defendant filed an application for a voluntary auction on the instant apartment with Suwon District Court A, on October 28, 2014, the decision to commence auction was made on October 28, 2014, and the auction procedure was proceeding accordingly.

On the other hand, the plaintiff asserted the establishment of the lease contract of this case in the above auction procedure and filed a demand for distribution and a report on the right as a lessee.

C. However, on September 23, 2015, the said auction court: (a) distributed KRW 366,179,511 of the amount to be actually distributed, except for the Plaintiff’s dividends, on the date of distribution on the date of distribution; (b) distributed KRW 669,000 to the Defendant (applicant Creditor) in order of first priority; and (c) drafted a distribution schedule with the content that distributes KRW 365,510,511 to the Defendant (applicant Creditor) (hereinafter “instant distribution schedule”).

On the date of distribution, the Plaintiff raised an objection against the Defendant regarding KRW 22,00,00 among the amount of dividends against the Defendant, and filed a lawsuit of demurrer against the distribution on September 30, 2015.

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned is about C and the apartment of this case.

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