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(영문) 광주고등법원 2020.09.17 2019나20855

배당이의

Text

The judgment of the first instance shall be revoked.

On December 28, 2017, Gwangju District Court DD District Court case for compulsory auction of real estate.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is E Co., Ltd. (hereinafter “E”) on November 26, 2015.

(2) On May 16, 2016, in the event that E fails to pay the remainder by June 15, 2016, the Plaintiff and C entered into an agreement with C to implement the remaining obligation by July 30, 2016, with the payment of KRW 630,000,000,000,000 to supply and install the main and general furniture at the construction site of the F apartment new construction site.

B. A claim relationship between the Defendant and C and the contract to establish a right of lease on a deposit basis) The Defendant, on September 7, 2016, extended loans from G to G for 1.6 billion won (hereinafter “instant loan”).

(2) On September 7, 2016, the Defendant concluded a contract to establish a lease on a deposit basis for each deposit basis (hereinafter “each of the instant lease on a deposit basis”) with respect to the second and third floors of the buildings listed in attached Table 3 (hereinafter “instant building”) as the lease deposit for each of the instant lease on a deposit basis. The contract to establish a lease on a deposit basis for each of the instant lease on a deposit basis (hereinafter “each of the instant lease on a deposit basis”) was based on each of the instant lease agreements, which was received on November 4, 2016 by the Gwangju District Court No. 204783, 204784, which was received on November 4, 2016, and each of the instant lease on a deposit basis.

C. The distribution result of the auction case and the plaintiff's objection 1) The case of the compulsory auction of real estate as to each real estate listed in the separate list owned by C (hereinafter "the auction of this case").

In the court of execution, on December 28, 2017, among the amount to be actually distributed except for the execution cost in each real estate listed in the separate sheet, the court of execution distributes 23,937,639 won to the defendant among the buildings of this case, and 143,682,216 won to the person having chonsegwon on the third floor among the buildings of this case, and to the person having chonsegwon on the third floor among the buildings of this case, the creditor having provisional seizure.