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(영문) 청주지방법원충주지원 2017.10.12 2016가단4610
배당이의
Text

1. The Cheongju District Court prepared on August 10, 2016 with respect to the Cheongju District Court D D's auction of real estate.

Reasons

1. Basic facts

A. On June 24, 2013, the Plaintiff lent KRW 30,000,00 to E, and E, on June 25, 2013, lent KRW 40,000,000, including the above KRW 30,000,000 and its KRW 10,000,000, to F, the Plaintiff created a collateral security right (hereinafter “instant collateral security right”) in the name of the debtorJ, the maximum debt amount, KRW 50,00,00,00 in the name of the Plaintiff (hereinafter “instant building”). The Plaintiff owned the instant land and buildings located in the Kd Steel Co., Ltd. (hereinafter “Kd Steel”), and each land located in H, and I (hereinafter “each of the instant real property”).

B. On January 8, 2015, Defendant B leased the first floor of the instant building from the Kd Steel with a deposit of KRW 15,000,000, and the period of two years. Defendant C leased the second floor of the instant building from the Kd Steel on May 19, 2015, with a deposit of KRW 20,000,000, and two-year period.

C. Defendant B borrowed KRW 15,00,000 from K on January 8, 2015, and paid KRW 15,000,000 to K Steel on the same day. On January 9, 2015, Defendant B made a move-in report on the location of the instant building, and obtained the same fixed date on the same day, and Defendant C received the said move-in report on the location of the instant building on May 26, 2015, and obtained the fixed date on December 30, 2015.

On December 2, 2015, upon the application for voluntary auction of the Cultural Saemaul Fund, which is a mortgagee of a right to each of the instant real estate, the auction procedure was commenced on December 2, 2015 (hereinafter “instant auction procedure”). The Defendants reported their rights as a lessee at the above auction procedure. On August 10, 2016, the aforementioned court: (a) deemed the Defendants as a lessee of a small priority on a August 10, 2016; (b) deemed the Defendants as a lessee of a small priority; and (c) formulated a distribution schedule that distributes the respective amount of KRW 14,00,000 to the Defendants; (d) 232,140 to the Cheongju-si, the Cultural Saemaul Fund, a mortgagee of a right to collateral security, the remaining amount of KRW 150,921,268, respectively (hereinafter “instant distribution schedule”); and (d) the Plaintiff

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