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(영문) 부산지방법원 2017.04.13 2017가단4016
배당이의
Text

1. On January 24, 2017, among the distribution schedule prepared on January 24, 2017, against the defendant in Busan District Court B regarding the auction of real estate.

Reasons

1. The following facts may be found in each entry in Gap evidence Nos. 1, 2, and 4, and Eul evidence Nos. 5 and 6 (including serial numbers; hereinafter the same shall apply), either in dispute between the parties, or in full view of the purport of the entire pleadings:

On November 3, 2014, the Plaintiff created, from C, the right to collateral security (hereinafter “instant right to collateral security”) with respect to D apartment (hereinafter “D”) of Busan-gu Busan-gu, Busan-do, (hereinafter “D”) KRW 1027,00,000,000 with maximum debt amount of KRW 150,000,000,000,000 with respect to the D apartment (hereinafter “instant partitioned apartment”) owned by C, and provided C with loans.

B. On February 4, 2016, the Defendant entered into a contract with C to lease the instant partitioned building with a deposit of KRW 35 million, monthly rent of KRW 290,000,000, and the period from February 4, 2016 to January 18, 2017 (hereinafter “instant lease contract”), and completed the move-in report by the same day.

C. As C delayed repayment of the principal and interest of the loan received from the Plaintiff, the Plaintiff applied for a voluntary auction on the instant partitioned building to Busan District Court B (hereinafter “instant auction”) and received a decision to commence voluntary auction from the above court on June 17, 2016. As a result of the instant auction, E received a sale of KRW 13,8150,000 for KRW 13,8150,000, and paid the said amount on December 20, 2016, and completed the registration of ownership transfer on December 26, 2016.

On January 24, 2017, the court: (a) opened a distribution date on January 24, 2017; and (b) prepared a distribution schedule on KRW 135,477,214 (hereinafter “instant distribution schedule”); and (c) presented it to interested parties; (d) according to the instant distribution schedule, the Defendant received dividends of KRW 20 million as a lessee of small claims and the Plaintiff received dividends of KRW 110,104,274 in the order of priority 3 as a mortgagee.

E. On January 26, 2017, the Plaintiff appeared on the aforementioned date of distribution and raised an objection to the whole amount of dividends of the Defendant among the instant distribution schedule.

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