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(영문) 의정부지방법원고양지원 2015.01.16 2014가단23495
배당이의
Text

1. It was drawn up on July 1, 2014 by the above court with respect to the senior auction of real estate C in Gyeyang-gu District Court.

Reasons

1. Facts of recognition;

A. 1) Real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Nonparty D, including the preparation of a distribution schedule

(1) As to 1.00 U.S. Livestock Cooperatives (hereinafter “U.S.”)

(2) On October 5, 2009, the registration office for the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage 1”) consisting of KRW 150,000,000,000, the amount of the maximum debt amount of which is KRW 150,000 on October 5, 2009, the registration office for the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage 1”).

(2) On March 15, 2012, the Plaintiff registered the creation of a mortgage (hereinafter “the second collateral mortgage”) in the amount of KRW 16,500,000 with the maximum debt amount as the grounds for the registration of the establishment of a mortgage (hereinafter “the second collateral mortgage”).

(2) On November 12, 2013, the non-party union filed an application for the voluntary auction of the instant apartment based on the instant collateral security, and on November 12, 2013, the non-party union decided to commence voluntary auction (hereinafter referred to as the “instant auction procedure”) with the Goyang-gu District Court C for the said decision to commence voluntary auction (hereinafter referred to as “the auction procedure”).

3) In the instant auction procedure, Goyang Branch of the District Court asserted that KRW 14,00,000 among KRW 144,601,925, which was actually distributed on July 1, 2014, is a lessee with respect to part of the instant apartment in the first order, and that the Defendant who demanded a distribution was to pay dividends to the Plaintiff, and that the said Defendant would not pay dividends to the Plaintiff for lack of the amount to be distributed (hereinafter “instant distribution schedule”).

(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the entire amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on July 7, 2014.

B. On September 26, 2012, the lease deposit amount of KRW 20,00,00 and the lease period of KRW 20,000 are the brokerage of Licensed Real Estate Agent E with respect to the remainder other than one intermediate room among Nonparty D and the apartment of this case.

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