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(영문) 의정부지방법원고양지원 2015.01.29 2013가단509039
배당이의
Text

1. It was drawn up by the same court with respect to voluntary auction cases of B real estate in Gyeyang-gu District Court Goyang-dong District Court on September 23, 2013.

Reasons

1. Basic facts

A. 1) New Bank Co., Ltd. (hereinafter “New Bank”) is limited to the preparation of a distribution schedule.

(C) The Co., Ltd. (hereinafter referred to as the “instant apartment”) No. 102, 1503, and 1503, each of which is owned by C.

(2) As to the instant apartment, the Plaintiff filed an application for a voluntary auction on the ground of the registration of the establishment of a neighboring apartment that had been completed on August 17, 2007 by the Goyang-gu District Court, Goyang-gu, Seoul District Court at KRW 144,00,000 with the maximum debt amount of KRW 144,00,00,000, based on the registration of the establishment of a neighboring mortgage that had been completed on August 17, 2007. As to the instant apartment, the Plaintiff filed an application for a voluntary auction on the instant apartment on December 21,

(2) The Plaintiff acquired the secured debt of this case from the new bank.

3) With respect to the instant apartment, the sales price of the instant apartment was fully paid on July 24, 2013 and the registration for ownership transfer was completed for the Defendant. 4) In the instant auction procedure, the Yongsan-gu District Court formulated a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 13,428,919 out of the total amount of KRW 23,680 to the owner of the right to deliver the instant apartment to the Defendant, who claimed that the Defendant, who received a demand for distribution prior to the distribution date, was the lessee of the instant apartment, and claimed that the amount was the small amount of KRW 12,00,000 among the security deposit, and KRW 121,195,239,030 out of the total amount of claim 159,476,030 among the total amount of claim 121,195,239.

5) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of KRW 12,00,000 to the Defendant, and filed a lawsuit of demurrer against the distribution on September 30, 2013. (b) The Defendant, as of March 8, 2010, filed a lawsuit of demurrer against the distribution with C regarding the instant apartment as of March 8, 2010, the lease deposit amount of KRW 30,000 (the lease deposit of KRW 3,00,000,000,000 for the contract and the remainder of KRW 2,7,000,000 for the contract) and the lease period from March 25, 2010 to March 24, 2012.

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