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(영문) 전주지방법원 남원지원 2017.03.29 2016가단1275
배당이의
Text

1. On August 1, 2016, with respect to the auction case of the replacement of real estate in Jeonju District Court support C and D (Duals) by the said court.

Reasons

1. Basic facts

A. On November 20, 2009, the Plaintiff completed the registration of the establishment of a mortgage with the debtor, E, the maximum debt amount of KRW 80 million with respect to the 426.75 square meters of the general steel structure, sand site, the position panel, and the roof of the general steel structure, the sand site, and the 426.75 square meters of the ground (hereinafter “instant warehouse”), and the light steel structure, sand site, the sand site, the sand site, and the 49.22 square meters of the single roof warehouse, respectively, on November 20, 2009.

B. Since then, the Plaintiff applied for a voluntary auction on each of the above real estate to Jeonju District Court, Namwon Branch C, and the decision to commence the auction was rendered on April 13, 2015. The agricultural cooperative, the first mortgagee of the first collective security in relation to E, filed an application for a voluntary auction on each of the above real estate with the same court D, and the decision to commence the auction was rendered on December 3, 2015.

(hereinafter referred to as the “instant auction procedure” with respect to the auction procedure conducted upon a request by the Plaintiff and the Namwon Agricultural Cooperatives

In the instant auction procedure, on November 19, 2014, Defendant A claimed that the amount of 50 square meters out of the instant warehouse was leased by the Plaintiff from the Plaintiff during the period from November 19, 2014 to November 19, 2015, and that he/she reported the right to lease and demanded a distribution to an auction court. ② Defendant B farming association corporation (hereinafter “Defendant corporation”) claimed that the amount of 30 square meters out of the instant warehouse was leased from the Plaintiff during the period from January 4, 2012 to January 4, 2015, and that the lease contract was renewed and renewed until November 4, 2018.

On August 1, 2016, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Defendants, a tenant of commercial small amount, distribute each of KRW 7,50,000 to the remaining agricultural cooperatives, a mortgagee, and distribute each of KRW 128,342,043 to the Plaintiff, in the first order on the date of distribution of the instant auction procedure.

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