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(영문) 의정부지방법원 2021.03.09 2020가단5006
배당이의
Text

1. Of the distribution schedule prepared on March 26, 2020 by the above court with respect to the voluntary auction case of Ku Government District Court C real estate.

Reasons

1. Facts of recognition;

A. On April 4, 2017, D cooperatives (hereinafter “D”) completed the registration of the establishment of a mortgage (hereinafter “mortgage”) on the land and its ground (hereinafter “instant land”; hereinafter “instant building”) on a sports-mortgage (hereinafter “mortgage”) with the maximum amount of KRW 104,00,000,000 on the debtor F, Bonds, and the instant mortgage (hereinafter “mortgage”).

On September 30, 2019, the Plaintiff acquired a secured claim against the instant right from D, and completed the registration of the transfer on November 5, 2019.

B. On the other hand, on April 7, 2017, G Co., Ltd. (hereinafter “G”) (hereinafter “G”), on the instant land and building owned by F, concluded a lease agreement between G and G with the content that the instant building is leased at KRW 30 million and KRW 200,000,000 per month of rent (hereinafter “instant lease agreement”), and completed the move-in report on the instant building on July 17, 2018, and received a final date.

(c)

After that, on February 21, 2019 upon the request of the Plaintiff as a neighboring mortgagee, the procedure for voluntary auction (hereinafter “instant auction procedure”) started on February 21, 2019. On April 5, 2019, the Defendant demanded the Defendant to distribute dividends as a lessee at the above auction procedure, and on March 26, 2020, the auction court prepared a distribution list (hereinafter “instant distribution list”) stating that the Defendant, the lessee of a small amount, takes the top priority among KRW 79,076,619, and KRW 17,00,00,000, and KRW 131,960, and KRW 131,960, and KRW 61,94,659, to the Plaintiff as a subordinate owner of a teachers’ right in the order of third priority (hereinafter “instant distribution list”).

(d)

The Plaintiff appeared on the dividend date and raised an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit on March 31, 2020, within seven days thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Parties’ assertion.

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