logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.02.18 2019가단10267
배당이의
Text

1. Defendant among the distribution schedule prepared by the Gwangju District Court on May 10, 2019 in the real estate auction case of the Gwangju District Court E-, Defendant.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff indicated the claim is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”). The Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 1,000,000, monthly rent of KRW 150,000 with respect to the third floor F of the instant real estate.

Since then, according to the application for voluntary auction by the G Union, the procedures for voluntary auction set forth in Paragraph (1) of the order were initiated regarding the real estate of this case, and the above court prepared a distribution schedule on May 10, 2019 that distributes the amount of KRW 1,00,000 to Defendant B.

However, as of May 10, 2019, Defendant B failed to pay the Plaintiff the rent from May 2018, Defendant B was fully deducted from the unpaid rent of KRW 1,000,000 as of May 10, 2019.

Therefore, out of the above distribution schedule, KRW 1,000,000 should be deleted and distributed to the Plaintiff.

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. (1) On October 6, 2014, the Plaintiff completed the registration of the establishment of a mortgage on the instant real estate by Defendant C as the Gwangju District Court No. 210979, the maximum debt amount of which was 10,000,000.

(2) On March 9, 2018, with respect to the instant real estate, the procedures for the auction of real estate was carried out in Gwangju District Court E upon the application of the G Union, which is a mortgagee.

(3) On the date of distribution conducted on May 10, 2019, the said court prepared a distribution schedule that distributes KRW 10,000,000 to Defendant C, a mortgagee, to whom the right to collateral security was established (hereinafter “instant distribution schedule”).

(4) On May 15, 2019, the Plaintiff raised an objection against the total amount of dividends to Defendant C on the said date of distribution, and filed the instant lawsuit on May 15, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

B. (1) The Plaintiff’s assertion is by Defendant C.

arrow