배당이의
1. It was prepared on May 14, 2019 by the said court with respect to the voluntary auction case of D's real estate branch in Suwon District Court.
In fact, the Plaintiff, on July 26, 2005, completed the registration of creation of a mortgage on each real estate listed in the separate sheet attached to the Plaintiff’s list, with the maximum debt amount No. 25690, which is the maximum debt amount No. 45 million won, as to each real estate indicated in the E’s separate sheet (hereinafter “instant real estate”).
(hereinafter “instant 1-mortgage”). Thereafter, the maximum debt amount of the instant 1-mortgage was KRW 60 million on September 29, 2010, KRW 76 million on February 17, 2012, KRW 1400,000 on August 2, 2013, and KRW 143 million on February 6, 2014.
On February 20, 2009, the Plaintiff completed the registration of the establishment of a mortgage on the basis of No. 4994, the maximum debt amount of KRW 24 million, as to the instant real estate.
(hereinafter “instant 2-mortgage”). On August 23, 2018, the Plaintiff filed an application for voluntary auction on the instant real estate based on the 1-mortgage, and on August 24, 2018, the Suwon District Court rendered a decision to commence auction as D on August 24, 2018.
In the above auction procedure, the defendant, who is the mother of E, filed a report on the right and demand for distribution by asserting that he is a lessee of the real estate of this case, and the details are as follows
- Contract Date: - Lease Party E, Lessee, and Lessee - Lease Period: from October 1, 2010 to September 30, 2020: (i) Lease Deposit: 7 million won: One room on one floor, one room, and joint use of a room and main room - On delivery date of a building: A fixed date on October 1, 2010: At the request of the Defendant on May 14, 2019, the auction court prepared the distribution schedule in order of the Plaintiff, the first priority lessee, to pay the remainder after deducting execution expenses, etc. from the proceeds of the sale of the real estate in this case, with the amount of KRW 185,064,90, one of the total amount of KRW 185,300,000 to the Defendant, the lessee, who is the obligee, 314,300,400,000 won, and the distribution schedule in this case to the Plaintiff (hereinafter referred to as the “instant distribution schedule”).