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(영문) 광주지방법원 2019.09.03 2019가단501060

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Preparation, etc. of distribution schedule;

A. The Plaintiff filed an application for compulsory auction of real estate with the Gwangju District Court D for real estate (Jhoho, K, hereinafter “instant real estate”) including the real estate No. 1 of the Dong-dong, Gwangju-gu, and the two lots of multi-unit buildings (hereinafter “instant real estate”) with the execution bond that was not refunded from Nonparty G Co., Ltd. (hereinafter “G”), and the auction procedure was completed on November 2018 as a result of the auction procedure conducted en bloc with the Gwangju District Court E and F duplicate cases (hereinafter “instant auction procedure”).

B. In the instant auction procedure on January 7, 2019, Gwangju District Court: (a) calculated by deducting KRW 17,101,738 won from the sales price of the instant real estate plus KRW 4,322,00,000; (b) KRW 2,192,483; (c) KRW 4,324,192,483 from the sales price plus KRW 17,101,738; and (d) KRW 4,307,090,745 from the actual amount of dividends; (b) KRW 48,438,40 from the Dong-gu, Gwangju Metropolitan City; and (c) KRW 727,274,298; and (d) KRW 50,00,950,691 from the sales price of the instant real estate; and (d) completed the distribution schedule to Defendant 365,605,767,2506,7467,2757, and Q291, each of the mortgagee Co.

C. On the other hand, on May 31, 2016, G entered into a lease contract with Defendant C for the lease of lease on a deposit basis with respect to K among the instant real estate from May 31, 2016 to May 30, 2018, with respect to the lease of lease on a deposit basis, from May 31, 2016 to May 30, 2018, G completed the registration of lease on a deposit basis as the receipt of the registration date of the Gwangju District Court on June 1, 2016, and around that time between Defendant B and Defendant B, the lease contract was concluded between May 31, 2016 to May 30, 2018.