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(영문) 부산지방법원 동부지원 2018.11.29 2017가단7165

배당이의

Text

1. The plaintiff's main claim is dismissed.

2. The case of the voluntary auction of real estate C with Busan District Court Dong Branch C.

Reasons

1. Basic facts

A. On July 14, 2014, the Busan Free Market Saemaul Fund loaned KRW 64,00,000 to D to secure the claim for the said loan, the Busan Free Market Saemaul Fund established a registration of the establishment of a first-class community establishment in the order of 83,200,000 won with respect to the original room of this case owned D on July 14, 2014.

B. On July 30, 2014, the Plaintiff: (a) lent KRW 30,000,000 to D to secure the above loan claims; and (b) completed the registration of establishment of a mortgage with the second priority, which is the maximum debt amount of KRW 30,000,000, in relation to the instant studio in the instant case.

C. Meanwhile, between D and D on October 3, 2014, the Defendant entered into a lease agreement with D to rent KRW 10,000,000 from D, monthly rent of KRW 260,000 (prepaid on October 3, 201), and the term of lease from October 3, 2014 to October 2, 2015 (hereinafter “instant lease agreement”).

On October 19, 2016, the Busan Free Market Saemaul Fund applied for a voluntary auction on the studio of this case on the basis of the first priority collective security and rendered a decision of voluntary auction on October 19, 2016.

(hereinafter referred to as “the voluntary auction of this case”). E

In the instant voluntary auction procedure, the studio of this case was sold to F, and F paid the sale price on April 20, 2017.

F. On June 7, 2017, on the date of distribution of the instant voluntary auction procedure, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) in which the Defendant, a small lessee, is divided into KRW 10,380,00,00, and KRW 200,380, and KRW 3, who is the pertinent tax payer, in the second order, from among the first order among the actual dividend amount of KRW 73,49,072, the date of distribution of the instant voluntary auction procedure, which was held on June 7, 2017, the Busan National Health Insurance Corporation, the holder of the pertinent right to issue public charges, the Busan National Health Insurance Corporation’s branch office with the first order, the holder of the right to issue public charges, the Busan Free Market Saemaul Fund Depository, the applicant of which is the Busan National Security Authority,

G. Accordingly, the Plaintiff’s distribution amount against the Defendant on the date of distribution.