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(영문) 광주지방법원 2019.05.29 2018가단11171
배당이의
Text

1. Of the distribution schedule prepared by the above court on May 17, 2018 with respect to the DD real estate auction case, the defendant is the defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into a loan transaction agreement with E, and completed the registration of the establishment of a neighboring mortgage with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) as the registration office of Gwangju District Court No. 143677, Aug. 10, 2016, the maximum debt amount of which is KRW 1128 million.

B. Upon delay in the payment of the principal and interest of E, the Plaintiff filed an application for auction of real estate with the court D, and again filed an application for provisional seizure of real estate with the claim amounting to 21,331,119 won with the court 2017Kadan3594, and on October 16, 2017, filed a provisional seizure registration for the instant real estate on the same day upon receipt of the decision. On July 26, 2017, at the auction procedure (hereinafter “the auction procedure of this case”), the Defendant asserted that he/she is a lessee for the instant real estate and filed a report on his/her right and demand for distribution, and the Plaintiff also demanded the distribution as a person entitled to the provisional seizure.

C. On May 17, 2018, the auction court accepted the defendant's demand for distribution on the date of distribution, and prepared a distribution schedule that distributes the distribution amount of KRW 117,493,532 to the defendant, who is the small lessee, in the first order among the proceeds of sale, etc. of the real estate of this case, the amount calculated by deducting the execution expenses from the total amount to be distributed, such as the proceeds of sale, etc. of the real estate of this case, and distributed the distribution schedule that distributes the amount of KRW 20,310, and KRW 100,310 to the North-gu, Gwangju Metropolitan City

(hereinafter “instant distribution schedule”). D.

The Plaintiff, who is the applicant creditor and the person entitled to provisional seizure, was present on the date of the above distribution, and stated an objection against the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against the instant distribution with the instant court on May 23, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The allegations by the parties and the determination thereof

A. The plaintiff alleged by the parties concerned shall set up a false lease contract in this case.

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