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(영문) 대전지방법원 2015.07.01 2014가단26900
배당이의
Text

1. Defendant A among the distribution schedule prepared on June 26, 2014 by the same court with respect to the auction of real estate D by the Daejeon District Court.

Reasons

1. Facts of recognition;

A. On March 12, 2013, the Plaintiff loaned KRW 320,000,00 to E, and registered the establishment of a neighboring building with the maximum debt amount of KRW 416,00,000 on the building of the F-gu Daejeon District, Daejeon (hereinafter “instant land”) and the three-story building (one story retail store of KRW 81.9,200,000,000,000 for the building of KRW 81.9,000,000 for the first floor retail store of KRW 81.9,000 for the second floor, and 53.85,000 for the third floor; hereinafter “instant building”).

B. Meanwhile, on June 3, 2013, E prepares a lease agreement between Defendant A and the part of the second floor of the instant building, which was KRW 40,000,000, KRW 200,000 monthly rent, and KRW 7, 200,000 from June 7, 2013 to June 7, 2015, and Defendant A made a move-in report on the said real estate and obtained a fixed date.

(2) On May 15, 2013, Defendant B prepared a lease agreement between Defendant B and the three-story of the instant building with the lease deposit amount of KRW 25,00,000,000, and the term of the lease from June 10, 2013 to June 10, 2015, and Defendant B received a fixed date after filing a move-in report on the said real estate on June 17, 2013.

(3) On July 26, 2013, part of 66 square meters of the first floor of the instant building was completed between Defendant C and the lease contract made between KRW 15,00,000 and the term of lease from July 29, 2013 to July 28, 2014. Defendant C was registered as business operator on July 31, 2013, and obtained a fixed date on July 31, 2013.

C. As E did not pay interest on loans, the Plaintiff filed an application for commencement of voluntary auction with Daejeon District Court D, and the auction procedure was conducted according to the decision to commence the auction.

Of the amount to be distributed on June 26, 2014, the above court distributed KRW 19,00,000 to Defendant A, KRW 19,000,000 to Defendant B, and KRW 9,00,000 to Defendant C, respectively, and drafted a distribution schedule to the effect that the remainder of KRW 268,369,98 is distributed to the Plaintiff.

E. Accordingly, the Plaintiff appeared on the date of distribution and raised an objection against the entire dividend amount of the Defendants.

[Ground of recognition] dispute.

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