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(영문) 의정부지방법원고양지원 2014.12.19 2014가단15685
배당이의
Text

1. Of the distribution schedule prepared by the above court on April 28, 2014 with respect to the case of D's voluntary auction of real estate, the District Court of the Republic of Korea.

Reasons

1. Facts recognized, etc.;

A. 1) The Plaintiff, a non-party E-owner, is the Plaintiff No. 209-dong No. 801 (hereinafter “instant apartment”).

(1) As to the establishment registration of a neighboring mortgage (hereinafter “instant collateral security”) with the maximum debt amount of 205,200,000 won, which is the grounds for the establishment of a contract as of May 11, 201, under the title of 33072, which was received on May 11, 2010 by the Jung-gu District Court High Court High Court and the Goyang Branch Branch Office, the establishment registration of a neighboring mortgage

Upon completion of the auction on the instant apartment based on the instant mortgage, a voluntary auction was filed on the ground of the instant mortgage, and on August 29, 2013, the voluntary auction procedure following the said voluntary auction decision on commencement of auction (hereinafter “instant auction procedure”).

(2) At the instant auction procedure, the Jinyang Branch of the District Court set up a distribution schedule (hereinafter “instant distribution schedule”) with the content that: (a) among KRW 184,118,968 actually distributed dividends on April 28, 2014, the amount of KRW 14,00,000 corresponding to the small amount of deposit for which the right of priority reimbursement is recognized under the Housing Lease Protection Act was first priority; (b) claimed that part of the instant apartment is a lessee; and (c) distributed the amount of KRW 141,728,228 to the Defendants who claimed a demand for distribution; and (d) said amount of KRW 141,728,228 is to be distributed to the Plaintiff, a creditor under the instant right of collateral security (hereinafter “instant distribution schedule”).

3) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount of dividends to the Defendants, and filed a lawsuit of demurrer against the distribution on May 7, 2014. (B) Defendant A entered into a lease agreement with the original Nonparty A, stating that the lease deposit for the whole apartment of this case with Nonparty A was KRW 50,00,000, the lease deposit for the entire apartment of this case, and the lease period was from April 30, 2010 to April 29, 2012. (B) After completing the move-in report on the instant apartment of this case on May 12, 2010, the lease agreement between the Defendant A and Nonparty E was concluded with one spouse and one child.)

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