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(영문) 창원지방법원통영지원 2019.06.19 2019가단1229
배당이의
Text

1. It was prepared by the same court on March 6, 2019 with respect to the case of the voluntary auction of real estate E in the Changwon District Court Tongwon Branch E.

Reasons

1. Basic facts

A. On January 26, 2015, the Plaintiff completed the registration of the creation of a mortgage on G-owned real estate, including the F-owned reinforced concrete structure (refinite), concrete branch, and four-story detached houses (hereinafter “instant real estate”) on two parcels outside the F-si, the Plaintiff completed the registration of the establishment of a mortgage on the neighboring real estate, which is the debtor H-mortgage, and the mortgagee of the right to collateral security.

B. The Plaintiff filed a voluntary auction for G-owned real estate, including the instant real estate, with the Changwon District Court through the Changwon District Court, and the said auction procedure (hereinafter “instant auction procedure”) commenced. In the instant auction procedure, the Defendant reported the right as a small lessee of the instant real estate and demanded a distribution.

C. On the date of distribution of the instant auction procedure implemented on March 6, 2019, a distribution schedule was formulated with the following content regarding KRW 547,825,885 as to the amount to be actually distributed:

I 1 1 15,00,000 10% J 1 / 15,000 / 100 / 100 / 15,000 / 100 / 15,000 / 100 / 15,000 / 100 / 15,000 / 100 / 15,000 / 100 / 15,000 / 15,000 / 15,000 / 15,000 / 15,000 / 00 / 10,000 / 15,000 / 00 / 15,000 / 00 / 3 [the n] 465,7464,756.7% of the Plaintiff

D. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the amount of distribution to the Defendant, and filed a lawsuit of demurrer against the distribution of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. Although the Defendant’s summary of the Plaintiff’s assertion is nothing more than the person who completed only the moving-in report of the resident registration in P among the instant building, the instant distribution schedule, which was made by the Defendant on the premise that the Defendant is a genuine small-sum lessee, is unfair, and thus, should be corrected to delete the amount of dividends to the Defendant and distribute all of them to the Plaintiff.

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