(영문) 대구지방법원포항지원 2020.02.04 2019가단5596

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(영문) 대구지방법원포항지원 2020.02.04 2019가단5596

배당이의

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1. The Daegu District Court prepared on October 31, 2019 with respect to the auction case of real estate rent C with respect to the port rent of real estate.

Reasons

1. The following facts are acknowledged in light of the following facts: (a) the parties are not in dispute; or (b) Gap evidence Nos. 1 to 4; and (c) the purport of the entire pleadings.

A. On August 27, 2018, the Defendant concluded the move-in report with the instant house on the same day, setting the deposit amount of KRW 40,000,000, monthly rent of KRW 450,000, and the period from August 27, 2018 to August 26, 2020 (hereinafter “instant lease contract”), and completed the move-in report with the instant house on the same day.

B. B. Before the conclusion of the instant lease agreement, the registration was cancelled on March 16, 2017 upon the Plaintiff’s request, which was the second mortgagee of the instant housing (registration of creation on September 12, 2016, maximum debt amount of KRW 100,000), prior to the conclusion of the instant lease agreement, on May 28, 2018.

C. Since then, at the request of G Union, which was the first mortgagee of the instant housing (registration of creation on July 15, 2015, maximum debt amount of 152,100,000 won) and the first mortgagee of the instant housing, the procedures for voluntary auction was commenced (C/C of October 30, 2018), and the Plaintiff filed an application for demand for distribution within a given period. On October 31, 2019, the execution court distributed dividends of KRW 15,00,00 to the Defendant, who was the first mortgagee of the instant housing, as indicated in the attached Form on the date of distribution implemented on October 31, 2019, and the Plaintiff drafted a distribution schedule (hereinafter referred to as “instant distribution schedule”).

The plaintiff appeared on the date of the above distribution, and raised an objection against the amount of distribution to the defendant among the distribution schedule of this case.

2. Determination as to the cause of action

A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. Thus, in a case where the plaintiff asserts that he did not establish the defendant's claim

유사 판례

-대구지방법원포항지원 2020.02.04 2019가단5596

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-대구지방법원 포항지원 2021.04.27 2020가단4490

-대구지방법원 2019.09.27 2018가단15823

-부산지방법원 2016.07.01 2015가단58682