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(영문) 대구지방법원 2014.09.16 2014가단13027
배당이의
Text

1. Defendant among the distribution schedule prepared on March 14, 2014 by the said court with respect to D's auction of real estate in Daegu District Court D's case.

Reasons

1. Facts recognized;

A. On June 7, 2011, Defendant C lent KRW 40 million to E, and on June 8, 2011, Defendant C was established a maximum debt amounting to KRW 56 million with respect to the land farming housing and the single-story storage (hereinafter “instant site and building”) owned by E from Youngcheon-si, Youngcheon-si, which was owned by E, and KRW 486 square meters with respect to the said land and building (hereinafter “instant mortgage”).

B. After that, Defendant C additionally lent KRW 5 million to E, KRW 5 million on September 7, 2011, and KRW 5 million on November 19, 201.

C. Meanwhile, on August 5, 2011, the Plaintiff loaned a total of KRW 20 million to E, and thereafter, was set up a collateral security right with respect to the instant site and building as collateral, which was KRW 25 million with respect to the maximum debt amount, and KRW 25 million with respect to the obligor E.

Defendant C filed an application for voluntary auction of the instant site and building with Daegu District Court D based on the instant collateral security right, and accordingly, the procedure of voluntary auction of real estate was initiated on March 27, 2013.

E. In the above auction procedure, the Plaintiff submitted a claim statement of KRW 26,931,500 (principal KRW 20 million, interest KRW 6,931,500), and Defendant C submitted a claim statement of KRW 65,580,304, respectively. Defendant B asserted that it is a lessee, and Defendant B claimed that it is a lessee, and filed a report on the right and demand for distribution based on the lease deposit claim of KRW 16 million.

F. On March 14, 2014, the date of distribution, the said auction court: (a) set the amount to be actually distributed KRW 61,39,562 out of the proceeds from the sale of the instant land and building; and (b) set up a distribution schedule to Defendant B, a small lessee, of KRW 14 million; (c) to Yongcheon-si, a local tax issuing authority, KRW 317,470; and (d) to Defendant C, a primary mortgagee, the remainder of KRW 47,082,092, each of which was distributed (hereinafter “instant distribution schedule”).

G. On March 19, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount of each distribution against the Defendants, and thereafter filed a lawsuit of demurrer against the distribution of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 4, 5, and 10-1.

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