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(영문) 의정부지방법원 2015.09.10 2015가단100402
배당이의
Text

1. A distribution table prepared on January 8, 2015 by the above court with respect to the auction cases of real estate B and C (Dual) by the Jung Government District Court.

Reasons

1. Basic facts

A. Hyundai Capital Co., Ltd. completed the registration of the establishment of a neighboring establishment with respect to the E Apartment 109 dong 1103 (hereinafter “instant real estate”), which was owned by D on December 13, 2012, the maximum debt amount of which is KRW 210,000,000,000.

B. On May 15, 2014, the Plaintiff applied for a voluntary auction on the instant real estate (hereinafter “instant auction”) to the Jung-gu District Court B by acquiring the above collateral loan claim from Hyundai Capital, and the auction procedure for real estate was commenced.

No. 12-12-13 Limited Claim Amount (in the case of seizure, the claim amount) 219,60,000 won, K Savings Bank 37,700,000 won, 213-11 33-12-05 provisional attachment 413-12-05 provisional attachment 30,000 won, not the National Health Insurance Corporation attached to the Korea National Health Insurance Corporation No. 413-12-28, 12-28

(c) the following:

The details of various limited real rights or seizure on the instant building prior to the lease of a port exceeded the value of the said building (254,500,000) as shown in the following table.

The Defendant, on December 23, 2013, set the lease deposit of the instant real estate as KRW 20 million from D and set the lease deposit (hereinafter “instant lease contract”), and completed the move-in report on January 10, 2014 and received the fixed date on December 24, 2013.

E. On January 8, 2015, the auction court opened the date of distribution, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 225,495,843 to the Defendant, the lessee of small amount, who is the right to deliver KRW 610,320,00 to the Namyang-si, the holder of the right to seize the National Health Insurance Corporation, the seizure authority, KRW 26,182,160, and KRW 183,70,000,000,000 to the Defendant, the lessee of small amount, who is the right to deliver the amount of KRW 225,49,860, which was the amount to be distributed to the Plaintiff, who is the holder of the right to seize.

F. The Plaintiff appears on the date of the foregoing distribution, and stated an objection against the whole amount of the Defendant’s dividends, and on January 13, 2015.

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