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(영문) 광주지방법원 2019.10.30 2018가단534360

배당이의

Text

1. As to the instant case of the voluntary auction of real estate C in this Court, the Defendant is against the distribution schedule prepared by the said court on October 26, 2018.

Reasons

1. Basic facts

A. In the case of claim for reimbursement against D, the Plaintiff issued an order to pay KRW 1,770,416,530 to the Plaintiff and KRW 504,00 among them, KRW 15% per annum from November 9, 2017 to the date of full payment, and KRW 1,265,923,430 per annum from October 31, 2017 to November 9, 2017; and KRW 15% per annum from the following day to the date of full payment. < Amended by Presidential Decree No. 28447, Nov. 24, 2017>

B. In the instant auction procedure (hereinafter “instant auction procedure”) commenced on December 11, 2017 with respect to the real estate indicated in the attached list against D (hereinafter “the instant real estate”), the Defendant asserted that the instant real estate was a lessee with respect to the instant real estate and filed a report on the right and demand for distribution with the fixed date copy of the lease contract (Evidence No. 7-5) attached, stating that the instant real estate was leased to the Defendant on February 25, 2017, and that D would be leased by delivery by February 25, 2017.

C. On October 26, 2018, the auction court accepted the defendant's demand for distribution on the date of distribution, and prepared a distribution schedule to distribute the amount of KRW 280,10,59,489 to the plaintiff, who is the lessee of small claims, in the first order among the amount to be actually distributed after deducting the execution cost from the total amount to be distributed, such as the proceeds from sale of the real estate in this case, etc.

(hereinafter referred to as “instant distribution schedule”) d.

On October 31, 2018, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends to the Defendant.

E. D, on October 26, 2016, acquired the ownership of the instant real estate on grounds of sale and purchase on September 30, 2016, and established the right to collateral security of KRW 219.6 million to E Union on the same day, but at the domicile of the instant real estate.