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(영문) 인천지방법원 2019.04.04 2018가단264535
배당이의
Text

1. Of the distribution schedule prepared on November 22, 2018 by the above court with respect to the case of D D's auction of real estate in Incheon District Court.

Reasons

1. Basic facts

A. On June 5, 2015, E obtained a loan from the FF Fisheries Cooperatives (hereinafter “FF Fisheries Cooperatives”), and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the building with the second floor structure H of the Yeonsu-gu, Incheon (hereinafter “instant building”) with the maximum debt amount of KRW 184,80,000 with respect to the building with the first and second floor structure H of the second floor (hereinafter “instant building”).

B. On March 8, 2018, the Incheon District Court D's auction of real estate based on the instant right to collateral security (hereinafter "the instant auction") started on March 8, 2018 upon the application for FD agreement, as E failed to repay the principal and interest of loan.

C. On April 27, 2018, the Plaintiff completed the registration of the transfer of the instant right to collateral security, and completed the registration of the establishment of the right to collateral security amounting to KRW 184,80,000 on the same day to I Co., Ltd.

On May 9, 2018, the Defendant asserted a lease agreement with E on the instant building (hereinafter “instant lease agreement”) with E at an auction court, and filed a report on the right and a request for distribution.

-enck 3 partitionss for the leased section - 60,00,000, monthly rent 400,000 - Term of lease - From October 22, 2016 to October 22, 2018 - Transfer date and fixed date of October 25, 2016

On November 22, 2018, as stated in the attached Table, the court of auction prepared a distribution schedule with the content that the defendant distributes the amount of KRW 27,00,00 as the top priority lessee (first priority lessee) and KRW 249,794 (second priority lessee), and KRW 151,454,81 (second priority lessee), to the defendant as the top priority lessee (second priority lessee), and KRW 151,454,81 (second priority lessee) to the defendant.

(B) On November 22, 2018, the Plaintiff appeared on the date of distribution as a creditor, and raised an objection against KRW 27,249,794, the full amount of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on November 23, 2018.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination as to the cause of action

A. The gist of the plaintiff's assertion is that the defendant is not the most lessee or the protection.

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