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(영문) 광주지방법원목포지원 2016.11.10 2016가단1807
배당이의
Text

1. A distribution schedule prepared on February 17, 2016 by the said court with respect to the auction case of real estate A with the Gwangju District Court wooden Branch A.

Reasons

1. Basic facts

A. B from April 13, 192, 192, owned all 4 households of multi-household houses with the second floor above the ground (hereinafter “multi-household houses in this case”).

B. On January 23, 2015, the Defendant entered into a lease agreement with B, under the condition that D reside with respect to the instant multi-household 102 No. 80.44mm2 (hereinafter “instant leased building”) on a deposit basis, the deposit amount of KRW 40 million, and the term of lease from February 9, 2015 to February 8, 2017, as part of the lease-lease housing support project aimed at stabilizing the residential life of low-income households.

D, however, the building consisting of the multi-household 101 No. 68.74m2 on the registry (hereinafter “instant humanitarian building”) was delivered from B, and the present door of the India building is indicated as 102.

C. On February 2, 2015, D, while making a move-in report for resident registration, submitted the address of the move-in report by stating it as “Y, E, 102”. At the time of entry of the said address into the computer network, D’s address was omitted in a copy of resident registration which was processed by entering D’s address into “Y, H, E,” only in the case of a copy of resident registration which was processed by means of the computerized entry of D’s address into “Y,” and D’s address appeared.

The Plaintiff between B and B on March 2, 2015, as to the leased building of this case, refers to the right to collateral security (hereinafter referred to as the “mortgage”) with the maximum debt amount of 32.5 million won as to the leased building of this case.

The contract to establish a mortgage was concluded, and the establishment of a mortgage was completed with respect to the leased object of this case on the same day.

E. On May 12, 2015, the Plaintiff filed an application for voluntary auction on the leased building of this case with the Gwangju District Court Sejong District Court Sejong Branch A for voluntary auction on May 13, 2015, with regard to the instant leased building with the claim amounting to KRW 25 million and delay damages calculated at the rate of 17.1% per annum from April 26, 2015 to the date of full payment. The Plaintiff received voluntary auction order from the said court on May 13, 2015.

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