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(영문) 의정부지방법원고양지원 2015.05.08 2014가단30929
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 28, 2014 with respect to the voluntary auction case for B real estate.

Reasons

1. Basic facts

A. On April 8, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a lease agreement with C, setting a deposit amount of KRW 20,00,000 on the second floor of the Dong-dong Housing (hereinafter “instant building”) located in D, P, and the lease period from April 29, 2012 to April 28, 2014.

The Plaintiff had a director on the second floor of the instant building on April 28, 2012, and filed a move-in report on May 15, 2012, and received a fixed date on May 31, 2012.

B. On March 22, 2010, the Defendant granted a loan of KRW 215,00,000 to C, and as security, set up, as of March 22, 2010, the right to collateral security amounting to KRW 215,00,00 with respect to the instant building and its site, D land and other buildings (Dong and Dong), E land and ground buildings, as well as the right to collateral security amounting to KRW 279,50,00.

C. On February 25, 2013, the Defendant filed an application for the commencement of voluntary auction with respect to the real estate stated in the preceding paragraph, including the instant building, with respect to the pertinent building, and the auction procedure was conducted according to the voluntary decision to commence auction on February 25, 2013 of the said court.

In the above auction procedure, the plaintiff filed a report on the right and filed an application for demand for distribution.

On August 28, 2014, the court made a distribution schedule to the effect that the plaintiff is excluded from the distribution of dividends and that the remaining 158,534,948 won is distributed to the defendant at the time of the strike.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against 14,00,000 won out of the amount of dividend of the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 8, Eul evidence No. 3, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned shall be entitled to protection under the Housing Lease Protection Act, which has concluded a lease agreement with C on the instant building and paid a deposit for lease.

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