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(영문) 춘천지방법원강릉지원 2019.01.29 2018가단1922

배당이의

Text

1. A distribution table prepared on April 12, 2018 by the said court with respect to the case of voluntary auction application filed by Gangseo-gu District Court Branch E.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on December 30, 201 with respect to each real estate listed in the separate sheet, which was owned by the Defendant, due to the purchase and sale in the F.

The defendant is F's f's f's f's f's mother.

B. On November 21, 2013, F created the right to collateral security with a maximum debt amount of KRW 130 million in the G Cooperatives, and on November 3, 2014, the maximum debt amount of KRW 70 million in the H was set up, respectively, with respect to each real estate indicated in the separate list. On January 26, 2018, the Plaintiffs were transferred the H’s right to collateral security upon the transfer of the finalized claim.

C. On February 14, 2017, upon the application of the G Cooperatives, the voluntary auction procedure for each real estate listed in the separate sheet E in the Chuncheon District Court Gangnam Branch E was initiated, and on March 12, 2018, the said real estate was sold to I.

In the above auction procedure, on March 27, 2017, the Defendant submitted an application for a report on rights and a request for distribution with the content that the two floors among the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) among the real estate listed in the attached Table No. 2 of the attached Table No. 2 (hereinafter “instant building”) reside from March 15, 2012. The auction court prepared a distribution schedule with the content that the amount to be distributed on April 12, 2018 shall be KRW 14 million among the total amount to be distributed to the lessee of small amount and the Defendant J, the senior mortgagee, as the top priority, was distributed to the Plaintiffs, who are subordinate collateral security holders, and that the amount of credit amount shall be KRW 124,509,589, and KRW 27,883,763, each of the total amount shall be distributed to the Plaintiffs, who are subordinate collateral security holders (hereinafter “instant distribution schedule”).

E. On April 12, 2018, the Plaintiffs raised an objection against the entire amount of dividends to the Defendant on the date of distribution, and filed a lawsuit of demurrer against distribution on April 19, 2018.

[Ground for Recognition: Evidence Nos. 1, 2, Eul No. 1, 12 (part of the number omitted, hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The parties' assertion and judgment

A. The gist of the assertion is that the Defendant is the most lessee, and the Defendant is deemed the small lessee, and thus, the Defendant is deemed the small lessee and the Defendant is to preferentially distribute KRW 14 million.