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(영문) 청주지방법원 2015.08.13 2014가단18506
배당이의
Text

1. Of the distribution schedule prepared on September 16, 2014 by the above court with respect to the case of a compulsory auction by official auction by official district court C.

Reasons

1. Basic facts

A. On July 6, 2010, the Plaintiff applied for a payment order against D and E with the purport that “D and E shall jointly pay KRW 20 million to the Plaintiff at the rate of 20% per annum from the day following the service of the payment order to the full payment order,” and the above payment order was finalized on August 11, 2010.

B. D purchased from the former owner G on November 12, 201, No. 103, 1101, Dong 11, 11, 201 (hereinafter “instant apartment”) of Cheongju-si, U.S. Free Trade Zone, and completed the registration of ownership transfer under his/her name on December 31, 2013. On December 31, 2013, D completed the registration of ownership transfer on the said apartment on December 31, 2013.

C. On February 13, 2014, at the request of D’s creditor H, the procedure for compulsory auction of the instant apartment was initiated to the Cheongju District Court C with respect to the instant apartment.

On April 25, 2014, the Defendant filed a report on the right to lease deposit and the demand for distribution against the lease deposit amount of KRW 50 million, by asserting that it is a lessee with two partitionss (50 million, lease deposit, lease contract date December 31, 2013, the fixed date and move-in report date, March 10, 2014, and 36 months) among the apartment of this case among the apartment of this case.

E. On September 16, 2014, when distributing the amount of KRW 312,691,465 to be actually distributed on the date of distribution of the above auction procedure, the said court, in the first order, drafted a distribution schedule with the content that distributes the amount of KRW 8,36,090, KRW 270,455,728 to the Chungcheong Pharmaceutical Credit Union, KRW 15,788,794 to the creditor H, and KRW 18,110,853 to the Defendant, the lessee, as the lessee (hereinafter “instant distribution schedule”).

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the amount of distribution to the Defendant, and filed a lawsuit of demurrer against the distribution of this case.

[Grounds for recognition] Nos. 1, 2, 3, 5, 6, and 3 are numbers.

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