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(영문) 창원지방법원 마산지원 2021.01.21 2020가단2765
배당이의
Text

1. It was drawn up by the original district court on July 23, 2020 with respect to the voluntary auction case of the F real estateF in the Changwon District Court Msan Branch.

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Plaintiff loaned the loan amount of KRW 230 million to J (K prior to the opening of a name). At the time, G, a representative director of J, was a real guarantor for each of the instant real estate listed in the [Attachment 337 square meters in Changwon-si, Changwon-si, Changwon-si, and the [Attachment 337 square meters] on the land (hereinafter collectively referred to as “each of the instant real estate,” and the said housing was referred to as “the instant housing”).

B. As the J did not pay the principal and interest of the above debt, the Plaintiff filed an application for auction on each of the instant real estate, and on June 13, 2019, rendered a voluntary decision to commence auction to the Changwon District Court Msan BranchF (hereinafter “instant auction procedure”). C.

In the auction procedure of this case, the Plaintiff reported the total amount of KRW 382,761,946 of the loan principal.

(d)

In the auction procedure of this case, Defendant D alleged that he is a lessee under the subparagraph of the Housing H, and asserted that he is a lessee under the subparagraph of the Housing, and that he is a lessee under the subparagraph of the Housing, Defendant E (Defendant D’s children) is a lessee under the subparagraph of the Housing I, and submitted a written application for each right report and demand for distribution on July 23, 2019 with respect to KRW 20 million.

Meanwhile, each lease agreement entered into by the Defendants on March 6, 2019, and the fixed date of the lease agreement entered into between Defendant D and Defendant E on March 7, 2019, and Defendant E on March 6, 2019.

E. On July 23, 2020, which is the date of the instant auction procedure, the dividend amount to Defendant D is KRW 15 million (15 million, 15 million (1st, 15 million, 2000, 2000,000 won (1st, 15 million, 4 lessees, 264,397,764 (4), and 264,39,764 (hereinafter “the dividend table of this case”).

F. The Plaintiff appeared on the dividend date, and raised an objection against the total amount of dividends to the Defendants. On July 29, 2020, the Plaintiff brought an action of objection against the instant dividends.

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