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(영문) 대구지방법원 2018.11.30 2018가단11906
배당이의
Text

1. Of the distribution schedule prepared on May 30, 2018 by the said court with respect to B real estate auction cases.

Reasons

Basic Facts

On December 30, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage in the name of the Defendant, on the ground that the debtor C and the maximum debt amount was KRW 287,300,000,000,00,000 owned by C, as to the Daegu Suwon-gu D apartment No. 102,502 (hereinafter “instant apartment”).

On August 11, 2015, the Plaintiff entered into a lease agreement with the term of lease of the instant apartment from August 11, 2015 to KRW 10 million, monthly rent of KRW 80,000,000, and the term of lease from August 13, 2015 to August 12, 2017.

(hereinafter “instant lease”). On August 21, 2015, the Plaintiff moved into the instant apartment on August 21, 2015, and moved into Daegu Jung-gu E and 502 on August 24, 2015, but was re-transfered to the instant apartment on August 10, 2017.

On the other hand, on August 17, 2015, F, a person living together with the Plaintiff, has continued to reside after moving-in to the apartment of this case with G, H, and I, his own child.

On August 1, 2017, the Defendant received a decision to commence the auction of the instant apartment from the Daegu District Court B with respect to the instant apartment on the basis of the foregoing right to collateral security, and the registration of the decision to commence the auction was completed on the same day.

In the above auction procedure on May 30, 2018, a court of execution prepared a distribution schedule that distributes the amount of KRW 200,047,512 to the defendant, who is the second secured mortgage, who is the second secured mortgage, to whom the execution cost is deducted on the date of distribution on the date of distribution, among the amount of KRW 201,59,692, and the plaintiff was excluded from the distribution.

The Plaintiff appeared on the date of distribution, and raised an objection against the dividend amount of the Defendant, and filed a lawsuit of demurrer against distribution on June 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings is asserted by the plaintiff plaintiff's plaintiff's plaintiff's plaintiff's assertion that his/her father and wife inevitably moved into the room for residence in high school, but again moved into the apartment of this case on August 10, 2017.

Until now, F, having de facto marital relation with the Plaintiff, had resided in the apartment of this case and maintained its resident registration.

Therefore, the Plaintiff.

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