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(영문) 부산지방법원 2016.07.01 2015가단58682
배당이의
Text

1. Of the distribution schedule prepared on August 12, 2015 by the above court with respect to the Busan District Court B real estate auction case.

Reasons

1. The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to 5, and Eul evidence 1.

On March 12, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage by the debtor C, with respect to D apartment 201-dong 406 (hereinafter “instant apartment”) owned by C on March 12, 201, the maximum debt amount of KRW 275,60,000, and the debtor C.

B. On March 18, 2014, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant housing, which is KRW 20,000,000, and the period from March 19, 2014 to December 12, 2014 (hereinafter “the instant lease contract”). On the same day, the Defendant finished the move-in report into the instant housing on the said lease contract, and obtained a fixed date on the said lease contract, and remitted the instant lease contract to C on March 19, 2014 (the remainder after excluding the down payment of KRW 500,000).

C. After that, on July 10, 2014, the procedure for the auction of real estate as stated in the Disposition No. 1 (hereinafter “instant auction procedure”) was commenced upon the Plaintiff’s application, and the entry registration was completed on the same day.

Accordingly, on September 15, 2014, the Defendant asserted that he is a small lessee of the instant house, and filed a report on the right and demand for distribution on the deposit for lease at the executing court. On July 20, 2015, the Plaintiff submitted a claim statement for the amount of the principal and interest of the claim (=212,600,000 won interest of KRW 82,608,599) calculated on July 20, 2015.

E. On August 12, 2015, a court of execution opened a date of distribution on August 12, 2015, and prepared a distribution schedule (hereinafter “instant distribution schedule”) under which each of the Plaintiff (beneficiary) distributes KRW 19,00,000, out of KRW 261,408,700, which is to be actually distributed after deducting execution expenses, etc. from the proceeds of sale of the instant housing, from the proceeds of sale of KRW 265,19,000, out of the proceeds of sale of the instant housing, to Defendant (small-sum lessee) in the first order, and KRW 242,352,704, out of the remaining money, to the second order.

F. However, it does not mean.

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