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(영문) 인천지방법원 2020.11.11 2019가단249922
배당이의
Text

1. Of the distribution schedule prepared on August 21, 2019 by the same court with respect to the auction case of real estate C in the Incheon District Court.

Reasons

1. Basic facts

A. 1) G Co., Ltd. (hereinafter “G”), and the entry of financial institutions into the stock company is omitted.

) The Jung-gu Incheon E Apartment F (hereinafter referred to as the “instant apartment”) owned by D is the apartment of this case.

As to the registration of the establishment of a neighboring mortgage, which was completed by the Incheon District Court No. 89678, Mar. 16, 2017, with the maximum debt amount of KRW 66,00,00,000, and with the maximum debt amount of KRW 57,60,000, the registration of the establishment of a neighboring mortgage and the maximum debt amount of KRW 57,60,000, which was completed on March 16, 2017 by the registration office of the Incheon District Court (hereinafter “the instant

) Based on the foregoing, a voluntary auction on the instant apartment was applied for, and on September 14, 2018, the auction procedure following the voluntary auction decision to commence the auction of the instant apartment to the Incheon District Court C on September 14, 2018 (hereinafter “instant auction procedure”).

(2) The Plaintiff acquired the secured debt secured by the instant mortgage, etc. from G.

3) On July 2, 2019, the instant apartment was sold to H and the registration for ownership transfer was completed under its name. 4) At the instant auction procedure, the Incheon District Court claimed that KRW 90,690,423, which is to be actually distributed on August 21, 2019, was a lessee regarding the instant apartment, and that the Defendant, who demanded a distribution on November 29, 2018, demanded the distribution of KRW 23,60,000 (tax credit for 22 months) out of the deposit amount; KRW 124,860 among the deposit amount; and KRW 124,509,849, KRW 66,965,563 of the total bond amount (hereinafter “instant dividend table”) was prepared to the Plaintiff, who acquired the claim under the instant collateral security, etc. from Jung-gu Incheon Metropolitan City, which is the person entitled to the issuance of the relevant tax amount.

5) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of KRW 23,600,000 against the Defendant, and filed a lawsuit of demurrer against distribution on August 21, 2019. (b) The Defendant was as of June 6, 2017 between D and D.

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