(영문) 수원지방법원평택지원 2014.12.10 2014가단43361

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(영문) 수원지방법원평택지원 2014.12.10 2014가단43361

배당이의

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1. He/she prepared on May 28, 2014 with respect to the auction case of Suwon District Court B real estate title B, which was prepared by the said court.

Reasons

1. Basic facts

A. On October 4, 1989, the transfer registration of ownership was completed under the name of the Defendant on October 4, 1989, and on May 10, 2007, the transfer registration was completed as of April 11, 2007 under the name of Nonparty D on May 10, 2007. (2) On May 10, 2007, the National Federation of Fisheries Cooperatives completed the auction procedure with the maximum debt amount of KRW 116,400,000 against the National Federation of Fisheries (hereinafter referred to as the "mortgage of this case"). The National Federation of Fisheries Cooperatives (hereinafter referred to as the "mortgage of this case"). On May 10, 2007, the National Federation of Korea received voluntary decision to commence the auction procedure on March 6, 2013 from the instant collateral security (hereinafter referred to as the "mortgage of this case").

4. On the other hand, on May 28, 2014, the auction court prepared 30,000,000 won, which is the full amount of the deposit previously distributed to the Defendant, the lessee, who is the lessee, in the above auction procedure. The Plaintiff appeared on the date of distribution, and raised an objection to the whole amount of dividends to the Defendant, and filed the instant lawsuit on June 2, 2014. (B) The Defendant submitted the lease agreement report and demand for distribution as a lessee at the above auction court, with D, as of May 10, 2007, the deposit amount of KRW 30,347,07,076 from May 10, 2007 to May 9, 2009, and submitted the lease agreement with D as of May 10, 2007.

2. On April 11, 2007, the Defendant sold the instant real estate in KRW 95 million with D, but cancelled the collateral security amount of KRW 2800,00,000, not later than the remainder, and entered into a sales contract with the Defendant to reside in KRW 30,000,000,000, in the present state after the sale, and the collateral security amount of the Plaintiff’s collateral was cancelled on May 10, 2007.

3. The auction court of this case at the time of the investigation into the present real estate.

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