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(영문) 대전지방법원홍성지원 2017.10.18 2016가단9070

배당이의

Text

1. Of the distribution schedule prepared on September 21, 2016, this Court concerning C real estate auction cases, the Defendant.

Reasons

1. Basic facts

A. On October 29, 2014, with respect to the registration of the establishment of a neighboring mortgage-backed credit cooperative, the debtor D, and the debtor-mortgage-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective

(hereinafter “instant collateral security”). B.

On September 15, 2015, the Korea Industrial Credit Union filed an application for voluntary auction (this court) with the amount of money calculated by the rate of 70,000,000 won per annum 20.8% per annum from March 29, 2014 to the date of full payment (hereinafter “instant auction procedure”). On the same day, the Plaintiff completed the registration of transfer of the instant right to collateral security by taking over the instant right to collateral security from the Busan Credit Union against D with the transfer of the instant right to collateral security from the Busan Credit Union to the transfer of the instant right to collateral security, and completed the registration of pledge of the instant claim amount of KRW 84,00,000 against the Sejong Central Credit Union.

C. In the instant auction procedure, on August 18, 2016, the Plaintiff submitted a claim statement of KRW 91,660,940 in total amount of KRW 70,000 in principal and interest interest of KRW 21,660,943 in total. The Sejong Central Credit Union also submitted the claim statement of KRW 56,00 in total of KRW 56,00,000 in principal and interest of KRW 385,573 in the same day.

Meanwhile, in the instant auction procedure, on November 3, 2015, the Defendant asserted that he/she is a small lessee of the instant real estate, and submitted a report on the right to lease deposit and an application for demand for distribution to the court. The lease agreement attached to the said report on the right and the application for demand for distribution, stipulated as “date of preparation of the contract: February 8, 2015; February 4, 2015; D: the lessee; the lessee; the lessee; the lessee; the lessee; the lessee; the lessee; the lessee; the lease period: from February 27, 2015 to 24 months.”

(hereinafter “instant lease agreement”). E.

In regard to the amount of KRW 81,920,038 to be distributed actually on September 21, 2016, this Court held that the Defendant is a small lessee of the instant real estate.