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(영문) 의정부지방법원고양지원 2015.02.13 2014가단22959
배당이의
Text

1. It was drawn up by the above court on June 27, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-do.

Reasons

1. Facts of recognition;

A. 1) Nonparty National Agricultural Cooperative Federation (hereinafter “Nonindicted Bank”), including the preparation of a distribution schedule

) Nonparty C, the ownership of the non-party C, Nos. 104, 1102 (hereinafter “instant apartment”).

(2) On November 11, 201, 201, the Jungyang Branch of the High Government District Court (Seoul Branch of the High Court) completed the registration of establishment of a mortgage with the maximum debt amount of KRW 564,720,00,000 as the grounds for registration, and the maximum debt amount of KRW 564,720. (2) Nonparty D SDR Co., Ltd. completed the registration of establishment of a mortgage with the maximum debt amount of KRW 152439, Oct. 11, 201, with the Goyang Branch of the High Government District Court (No. 152439, Oct. 11, 201; the maximum debt amount of KRW 205,848,00 as the grounds for registration; the Defendant completed the registration of establishment of a mortgage with the maximum debt amount of KRW 205,848,00 as the creditor of the High Government Branch of the High Court; and the Defendant completed the registration of establishment of a mortgage as the creditor of KRW 10,14.10.

3) The non-party bank filed an application for voluntary auction on the instant apartment, and on October 22, 2013, the non-party bank decided to commence voluntary auction on October 22, 2013 (hereinafter the above decision to commence voluntary auction following the above decision to commence voluntary auction (hereinafter “instant auction procedure”).

4) At the instant auction procedure, the Kuyang Branch of the District Court set up a distribution schedule (hereinafter “instant distribution schedule”) stating that, among KRW 590,737,357, the amount to be actually distributed on June 27, 2014, KRW 73,214,953 was distributed to the Defendant, a creditor under the instant pledge, who is the obligee under the instant pledge, and the Plaintiff, who claimed as the lessee regarding the instant apartment, demanded a distribution, would be excluded from the distribution of dividends.

5 The plaintiff is present on the date of the above distribution and raises an objection against 22,00,000 won out of the amount of distribution to the defendant.

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