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1. Of the distribution schedule prepared by the said court on September 18, 2015 with respect to the case of application for a voluntary auction of real estate C in the Gwangju District Court.
Reasons
1. Basic facts
A. On September 18, 2015, the date of distribution of the case of applying for the auction of real estate E in this court proceeding as of September 18, 2015, the Plaintiff received the claim amounting to KRW 994,546,940 out of KRW 526,64,138 of the claim claim claim amounting to KRW 40,00,00 (= Principal amounting to KRW 400,546,940) from the creditors who acquired the claim of the National Federation of Korea, who had applied for the said auction in the position of the mortgagee of the said modern company as the mortgagee of the said modern company (including KRW 594,546,940), and the Defendant received the total amount of KRW 9,00,000 from the lessee of the said real estate.
B. However, on the aforementioned date of distribution, the Plaintiff raised an objection against the entire amount distributed to the Defendant, and on September 25, 2015, the Plaintiff filed a lawsuit of demurrer against distribution on the said date.
【Ground of recognition】 A without dispute, Gap evidence Nos. 1, 6, 7 (including additional evidence), the purport of the whole pleadings
2. The assertion and judgment
A. (1) At the time of the Plaintiff’s auction court’s investigation into the auction object, the Defendant reported the right to lease on one’s own commercial building as KRW 200,00,000, KRW 4,000 per month, and KRW 4,000 per month, while in the lease agreement, the deposit is written as KRW 25,00,000, and KRW 25,000 per month, and there is no monthly rent, and there is no presentation of data on the above deposit. In light of the above, the Defendant’s claim for the deposit amount of KRW 25,00,000, which is the premise of the amount of dividends, is due to a false
Therefore, under the premise that the Defendant is a small lessee, the amount of dividend in the instant dividend table should be revised to KRW 0,00, and the dividend table for the Defendant should be revised by adding all the amount of dividend to the Plaintiff’s dividend.
(2) At the time of investigating the current status of the object of auction by the Defendant, the Defendant did not report the right to lease of a commercial building at KRW 200,000,000, monthly rent KRW 4,000, and the Defendant did not report the right to lease of a commercial building at KRW 25,000,000.