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(영문) 대전지방법원 2019.11.21 2018가단223020
배당이의
Text

1. Of the distribution schedule prepared on September 20, 2018 by the said court with respect to the auction case of real estate C in Daejeon District Court.

Reasons

1. On January 1, 2017, the Plaintiff entered into a contract with D (Representative E; hereinafter “D”) for the use of telecommunications equipment and facilities (hereinafter “instant contract”) and received the Seo-gu G Apartment H (hereinafter “instant apartment”) owned by the Defendant, his/her father, who is his/her father, to secure the Defendant’s debt for the use of telecommunications equipment and facilities, and entered into a mortgage agreement with F and the Defendant on May 4, 2017 (the debtor F and the maximum debt amount of KRW 50 million) and received the registration of the establishment of the mortgage on the instant apartment as of May 8, 2017.

With respect to the apartment of this case at the time, the priority registration of the first priority mortgage, which was the mortgagee, was made in the state of the maximum debt amount of 113,400,000.

Then, D did not pay KRW 53,299,31 out of the usage fees under the instant contract to the Plaintiff. On January 9, 2018, the Plaintiff filed an application for voluntary auction of the instant apartment with the Daejeon District Court. On January 16, 2018, the Daejeon District Court rendered a decision to commence the auction of the instant apartment on January 16, 2018, and conducted the voluntary auction procedure on the instant apartment.

The Defendant entered into a lease agreement with F on March 16, 2016 with a deposit of KRW 30 million, monthly rent of KRW 500,000 (hereinafter “instant lease agreement”) with F on the instant apartment, and filed a report on the right and demand for distribution in the instant voluntary auction case.

In distributing KRW 140,104,956, which was the date of distribution on September 20, 2018, the auction court of this case distributed dividends of KRW 140,104,956, which was the date of distribution, the Defendant deemed as a small lessee, and distributed KRW 20,000,000 in the first priority order. The second priority order distributes the total amount of KRW 85,597,986 to the Defendant Company I, a senior mortgagee, who was the mortgagee, in the second priority order. The Plaintiff, who is the applicant creditor, distributed the remainder of KRW 34,506,970 (the amount of claims KRW 50,00,000) to the Plaintiff. The Plaintiff raised an objection against the total amount of KRW 20,000,000 to the Defendant, and on the same day.

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