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(영문) 의정부지방법원고양지원 2015.11.13 2015가단80143
배당이의
Text

1. Of the distribution schedule prepared on June 5, 2015 by the above court with respect to the voluntary auction case at the Goyang District Court High Court C.

Reasons

1. Basic facts

A. At the time of the establishment and strike of the right to collateral security, E Apartment No. 106, 101 (hereinafter “the instant real estate”) owned by Nonparty D. On September 30, 201, the said real estate was established as a collateral security right with the maximum debt amount of KRW 6,80,000, in the case of a case savings bank with the right to collateral security, E apartment No. 106, 101.

B. (1) The Defendants’ lease agreement (hereinafter “each of the instant lease agreements”) entered into between D and D, and Defendant A divorced on or around June 30, 2009. From October 9, 2008, the instant real estate had resided in the move-in report of resident registration in the instant real estate from October 9, 2008, and between D and D as of February 26, 2012, the said lease agreement entered into a lease agreement with the deposit amount of KRW 30,000,000 and the lease period of KRW 24 months from March 1, 2012, and obtained a fixed date in the said lease agreement on April 15, 2013.

(2) Defendant B entered into a lease agreement with Defendant A as the land owner of Defendant A, and with D as of May 11, 2013, setting a deposit of KRW 20,000,000 as to one column among the instant real estate, and a monthly rent of KRW 100,000,000. On May 13, 2013, Defendant B entered into a lease agreement with Defendant A, and received the same fixed date on the same day.

C. On June 27, 2014, an auction procedure had been conducted on the following grounds: (a) the Bank for EF Savings Co., Ltd., a mortgagee of the right to collateral security in the auction procedure, filed an application for the commencement of voluntary auction on the instant real estate with the Jung-gu District Court Goyang Branch C; and

On July 3, 2014, the Plaintiff acquired the right to collateral security on the ground of the transfer of the confirmed claim and completed the supplementary registration on the transfer.

In addition, the Defendants filed a report on rights and filed an application for demand for distribution as a lessee.

The above court made a distribution schedule with priority to distribute 14,00,000 won of the small amount deposit to the defendants, and as a result, the plaintiff was paid 3,750,071 won to the subordinate right holders.

Accordingly, the plaintiff is present on the date of distribution and on the full deposit amount of the defendants.

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