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(영문) 수원지방법원안산지원 2017.11.21 2016가단71426
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence 6, Gap evidence 8, 9-1, 2, and 3.

E, in order to secure the repayment of the principal and interest of loans to the F Bank, the F Bank set the right to collateral security of KRW 240,00,000, the maximum debt amount of KRW 240,000, and the right to collateral security of KRW 91,20,000, respectively, on July 5, 2012, with respect to the G Apartment H (hereinafter “instant apartment”) owned by the F Bank.

B. After delay in repaying’s repayment of the principal and interest of loan, the F Bank applied for an auction of the instant apartment to the instant court based on each of the above collateral rights, and accordingly, rendered a voluntary decision to commence the auction on September 1, 2015.

(D). (c)

On the other hand, the FF Bank transferred the above principal and interest claim of the FF Bank to the IF Company, and the IF Company transferred the above claim to the Plaintiff, and the requirements for setting up against the above assignment have been satisfied.

On October 1, 2015, Defendant B applied for a report on rights and a demand for distribution on the ground that “E had leased and resided for the period from March 8, 2015 to March 8, 2017, one column from the right side of the entrance, 10,000,000, monthly rent, 300,000, and the period from March 8, 2015.”

E. On October 1, 2015, Defendant C applied for a report on the right and demand for distribution on the ground that “E had leased and resided the instant apartment on April 28, 2015, with the period from April 28, 2015 to April 28, 2017,” the enforcement court applied for a report on the right and demand for distribution.

F. On October 25, 2016, the execution court held the date of distribution on October 25, 2016, and held it as the top priority lessee on the apartment of this case, and held 10 million won to Defendant B, and in the case of Defendant C in Si-si at the time of Si-si, the smallest priority lease deposit amount is KRW 65,00,000,000.

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