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(영문) 의정부지방법원고양지원 2015.04.03 2014가단60722
배당이의
Text

1. Of the distribution schedule prepared on June 23, 2014 with respect to the auction of the real estate B in Gyeyang-gu District Court Goyang-do.

Reasons

1. Facts of recognition;

A. On August 1, 2013, the Plaintiff entered into a lease agreement with C on August 1, 2013, regarding the apartment housing Nos. 702, 803 (hereinafter referred to as “instant real estate”) located in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (hereinafter referred to as “the instant real estate”). From August 25, 2013 to August 24, 2015, with the lease deposit amount of KRW 29,000,000 and the lease period of KRW 29,000.

B. On July 30, 2013, the date of entering into the said contract, the Plaintiff remitted KRW 100,000,000 to C, and wired KRW 1.4 million as the down payment on August 1, 2013, and wired KRW 27.5 million as the remainder of the deposit on August 26, 2013. On August 27, 2013, the Plaintiff completed the move-in report with the fixed date on the said lease agreement obtained on August 27, 2013 and completed the move-in report on August 28, 2013.

C. Meanwhile, on November 3, 2011, the Young-dong Agricultural Cooperative completed the registration of the establishment of a mortgage near C and the maximum debt amount, which constitute 537,600,000, out of the maximum debt amount with respect to the instant real estate.

However, as C did not pay the debt of the loan, the above union filed an application for commencement of voluntary auction based on the right to collateral security, and accordingly, the decision to commence voluntary auction was made on October 15, 2013 with the High Government District Court Goyang Branch B, which led to the progress of the voluntary auction procedure.

(hereinafter “instant auction procedure”). D.

Meanwhile, as of November 3, 201, the registration of seizure was completed as of January 8, 201 and the National Health Insurance Corporation (hereinafter “Defendant Corporation”) completed the registration of seizure as of October 28, 2013, the registration was completed on the following grounds: (a) the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 291,291,00 as of November 3, 201, in addition to the above-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed agricultural cooperative.

In addition, in the process of the above procedure, the Young-dong Agricultural Cooperative transferred the secured debt of the above secured debt to Defendant Agricultural Cooperative Management Company (hereinafter “Defendant Agricultural Cooperative”), and completed the supplementary registration on March 17, 2014.

On the other hand, the Plaintiff filed a report on rights as a lessee and filed an application for demand for distribution in the auction procedure of this case.

E. In the above distribution procedure, the court of distribution on June 23, 2014.

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