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(영문) 인천지방법원 2017.08.23 2016가단61213
배당이의
Text

1. A distribution table prepared by the above court on December 22, 2016 with respect to the compulsory auction and C (duplicate) of B real estate in Incheon District Court.

Reasons

1. Facts of recognition;

A. On October 27, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which is the debtor D and the plaintiff of the right to collateral security, in relation to the Gyeyang-gu Incheon E second floor E (hereinafter “instant housing”) owned by D, the maximum debt amount of KRW 40,00,000,000, and the registration of the establishment of a neighboring mortgage, which is

B. The instant housing was completed in the name of F on February 28, 1991, in the name of G on December 11, 2002, in the name of H on November 12, 2008, in the name of H on November 12, 2008, in the name of I on November 12, 2008, and in the name of D on October 13, 201, each transfer registration of ownership was completed due to each trade or payment in kind, respectively.

C. On November 18, 1996, the Defendant completed the move-in report on the instant house, and on December 31, 2004, obtained a fixed date on November 5, 1996, under the real estate lease agreement (hereinafter “instant lease agreement”).

(1) Housing subject to lease: 2) A party to the instant contract: The lessorF, the lessee A (the lessor and the lessee are replaced in the relevant contract) (3) The lease deposit: The remainder of KRW 25,000,000 and KRW 5,000,000 (the remainder of KRW 25,000 and KRW 25,000,000). (4) The lease term: From November 18, 1996 to 24 months.

D. 1) On January 26, 2016, upon the application of the Credit Guarantee Fund with respect to the instant housing, the Incheon District Court B rendered a ruling to commence compulsory sale of real estate, and on October 26, 2016, the Incheon District Court C rendered a ruling to commence the auction of compulsory sale of real estate upon the Plaintiff’s application (hereinafter “instant auction procedure”).

(2) In the instant auction procedure, the Defendant filed a report on the right as a housing lessee and demanded the distribution thereof.

3) On December 22, 2016, a court of execution distributes the amount of KRW 59,841,245 to be actually distributed on the date of distribution, and distributes the amount of KRW 22,00,000 to the Defendant on the ground that the Defendant is the first-class lessee of small claims, and the amount of KRW 3,00,000 on the ground that the Defendant is the second-class lessee of fixed date, and distributes the amount of KRW 34,841,245 to the Plaintiff on the ground that the Defendant is the third-class mortgagee of small claims (hereinafter “instant distribution schedule”).

4) The Plaintiff appeared on the aforementioned date of distribution and made up for KRW 5,158,755 out of the amount of distribution to the Defendant.

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