beta
(영문) 창원지방법원진주지원 2017.11.10 2017가단33991

배당이의

Text

1.(a)

On March 31, 2014, it was concluded between the defendant and the non-party B with respect to the real estate stated in the attached list No. 2.

Reasons

1. Facts of recognition;

A. B entered into a credit guarantee agreement with the Plaintiff on March 6, 2014, setting the guarantee amount of KRW 90,000,000, guarantee period of KRW 90,000, and received a loan from Gyeongnam Bank under the said credit guarantee.

B. On May 8, 2014, the Plaintiff received a notice of the occurrence of a credit guarantee accident B from the Gyeongnam Bank, and paid 90,798,904 won to the Gyeongnam Bank on August 26, 2014.

C. On December 15, 2014, the Plaintiff applied for a payment order against B seeking reimbursement from this court No. 2014 teab223 and applied for payment order against B, and on December 15, 2014, “B” received payment order with respect to KRW 90,425,64 from August 26, 2014 to the Plaintiff and KRW 90,425,64 from which delay damages were paid. The above payment order was finalized around that time.

On August 25, 2016, the decision to commence voluntary auction was made to this court on August 25, 2016 at the request of the Dourisan National Agricultural Cooperative (U.S.C.), a collateral security holder, on each real estate listed in the separate sheet, the ownership transfer registration of which was completed under B.

(hereinafter “instant auction”) e.

In the instant auction procedure, the Plaintiff made a demand for distribution on the basis of the instant payment order, and the Defendant, on March 31, 2014, asserted that it is a lessee with a fixed date having concluded a lease agreement (hereinafter “instant lease agreement”) on the real estate listed in attached Table No. 2 (hereinafter “instant building”) as indicated in attached Table No. 2, and the instant court distributed KRW 14,46,542, out of the amount to be actually distributed on June 12, 2017, KRW 201,254,80, KRW 146,542, and KRW 9,948,863, to the Plaintiff in the order of five order, respectively.

F. B, around March 31, 2014, the Defendant concluded a lease contract on the instant building, did not own any property other than one-half share of each real estate indicated in the separate sheet, D ground sperm, E-U.S., F field 470 square meters, F field 729 square meters, G field 3,436 square meters, G field Hanam-gun, Gyeongnam-gun, Gyeongnam-gun, and on the other hand, did not own any property.