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(영문) 서울서부지방법원 2015.11.20 2015가단204864
배당이의
Text

1. The Seoul Western District Court B’s distribution schedule prepared on January 30, 2015 with respect to the case of the voluntary auction of real estate.

Reasons

1. Basic facts

A. The Plaintiff acquired the right to collateral security under Article 101 of the Mapo-gu Seoul Metropolitan Government E and 1 parcel F No. 101, which was owned by the Plaintiff, to secure the credit and the credit security right against C by the National Bank of Korea, and participated in the Seoul Western District Court B real estate auction procedure (hereinafter “instant voluntary auction procedure”) which commenced on June 3, 2013, as the creditor and the right to collateral security.

B. In the instant voluntary auction procedure on July 17, 2013, the Defendant filed a report on the right to lease and a request for distribution, stating “1 square meters on the leased portion, 23 million won on the leased portion,” from March 12, 2013 to March 12, 2015 during the possession period, from March 12, 2013 to March 12, 2015; the date of the transfer; March 27, 2013; the date of the fixed date; March 28, 2013; the date of the contract; February 12, 2013; and March 28, 2013;

C. On January 30, 2015, the auction court of the instant voluntary auction procedure prepared a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) that distributes to the Plaintiff the amount of KRW 20,00,00 (100%) out of KRW 148,838,52 to be actually distributed to the Defendant as the first lessee (the small amount), the second attachment authority (the pertinent tax), the amount of KRW 1,546,450 (100%) to the Mapo-gu Seoul Metropolitan Government as the second attachment authority (the dividend rate of KRW 1,546,450), and the third attachment obligee (the mortgagee) as the third attachment authority (the mortgagee), the amount of KRW 127,292,072 (the dividend rate of KRW 84.78%, the amount of credit, KRW 154,916,54, the maximum debt amount of KRW 150,150,000).

On January 30, 2015, the Plaintiff appeared on the date of distribution, and stated that there was an objection against the whole amount of the Defendant’s dividends among the instant distribution schedule, and filed the instant lawsuit on February 5, 2015, within seven days thereafter.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 10, the purport of whole pleading

2. Determination

A. The plaintiff asserts that the defendant does not correspond to the tenant of a small amount who is the most lessee or is entitled to preferential repayment, and the defendant asserts that the tenant is the genuine tenant, so the above basic facts and evidence Nos. 1 through 10, and No. 1 through 9 are proved.

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