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(영문) 대전지방법원천안지원 2019.09.27 2018가합1158
배당이의
Text

1. It was prepared on November 21, 2018 by the above court with respect to a compulsory auction case for real estate D in the Daejeon District Court Branch D.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet owned by Defendant B on December 17, 2008, Defendant B completed the registration of creation of a neighboring mortgage on December 15, 2008, the maximum debt amount of which is KRW 300,000,000, and the debtor’s establishment of a neighboring mortgage on December 15, 2008.

B. As to each of the buildings listed in Tables 2 and 3 of E owned on July 25, 2014 (hereinafter “each of the buildings of this case”), Defendant C completed the registration of a housing lease on the ground of the lease deposit amounting to KRW 25,000,000, lease date and occupancy commencement date on the ground of the lease lease registration order (Seoul District Court 2014Kao38, the ASEAN Court 2014, March 27, 2014) as indicated in the attached Tables 2 and 3 of E (hereinafter “each of the buildings of this case”).

C. On September 29, 2017, the Plaintiff applied for a compulsory auction with a claim amounting to KRW 484,422,417, based on the executory exemplification of the judgment in this Court 2016Gahap101245 case. On September 29, 2017, the Plaintiff applied for a compulsory auction with a claim amounting to each real estate stated in the separate sheet (this court’s compulsory auction for real estate and the above auction (hereinafter referred to as “instant auction”).

(2) On November 21, 2018, this Court rendered a decision to commence the auction procedure on November 13, 2017, the distribution schedule was formulated as follows: (a) on the date of distribution on November 21, 2018 of the instant auction procedure; (b) on the date of distribution, Defendant B, as the second priority (the mortgagee), KRW 300,000,000, as the fourth priority (the right of lease registration); (c) on the basis of the fourth priority (the right of lease registration); and (d) on the basis that the Plaintiff received KRW 23,306,950, as the right of lease registration (the right of lease registration); and

(hereinafter the above distribution schedule is referred to as the "instant distribution schedule"). [Grounds for recognition] The facts of no dispute, Gap's 1 through 3 evidence, Eul's 3 and 10 evidence (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of burden of proof in general civil procedure, and in a case where the plaintiff asserts that the defendant's claim has not been established,

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