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(영문) 청주지방법원영동지원 2020.02.14 2019가단1083
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 22, 2015, the registration of preservation of ownership was completed due to the commission of the registration of provisional seizure to G on January 22, 2015 with respect to the building F in the building Eth (hereinafter “instant apartment No. 1”).

B. On December 7, 2015, G completed the registration of the establishment of a mortgage on the apartment No. 1 of this case by the Cheongju District Court, the Cheongcheon District Court, the Cheongcheon Registry, the 17308 of December 7, 2015, the maximum debt amount of KRW 150,540,000,000, G, the debtor, and the Defendant

C. As to the instant apartment No. 1 and the building E No. 1 in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant apartment”) (hereinafter “instant apartment”), an auction procedure was commenced to exercise the security right due to the case of the D real estate rental auction in Young-gu, Young-gun, Young-gu, Seoul District Court. The said court determined the completion period to demand distribution regarding the said auction case as February 26, 2019.

In the above auction case, the apartment house No. 1 was sold, and the sale price was fully paid on September 23, 2019.

E. On October 31, 2019, on the date of distribution (hereinafter “the date of distribution in this case”), the above court, among KRW 186,746,679, the amount to be actually distributed from the sale of the instant apartment and the instant apartment and the instant apartment and KRW 186,76,679, the above court, as the applicant creditor and the collateral security holder, distributed KRW 77,686,49 in the second order as the applicant creditor and the collateral security holder, and distributed KRW 91,402,250 in the second order as the applicant creditor and the collateral security holder, and made an objection against the dividend amount against the Defendant in the instant distribution schedule (hereinafter “instant distribution schedule”). The Plaintiff stated an objection against the dividend amount against the Defendant in the instant distribution schedule.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 1 and the purport of the whole pleadings

2. On May 24, 2016, the Plaintiff asserted that the Plaintiff leased the instant apartment complex No. 1 from G by setting the lease term of three years and the lease deposit of thirty million won between G and G.

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