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(영문) 대전지방법원천안지원 2019.05.15 2018가단10612
배당이의
Text

1. It was prepared by the same court on November 7, 2018 with respect to the case of a voluntary auction of real estate C in the Daejeon District Court as of the said case.

Reasons

1. Facts of recognition;

A. D created a right to collateral security (hereinafter “instant real estate”) on May 1, 2014, acquired the ownership of building F (hereinafter “instant real estate”) and completed the registration of creation of a mortgage over KRW 423,80,000 with the maximum debt amount on January 12, 2017 to G Co., Ltd. (hereinafter “G”).

B. On June 1, 2017, the Defendant agreed to purchase the instant real estate from D and paid KRW 20,000,000 as the first down payment, and agreed to pay the remainder of the purchase price upon cancellation of the registration of establishment of a neighboring mortgage and the registration of seizure, etc. established on the instant real estate. The Defendant drafted a lease agreement (hereinafter “instant lease agreement”) with the effect that “the Defendant leases the instant real estate from D to KRW 20,000,000,” as security for the already paid purchase price.

In addition, the defendant completed the move-in report to the domicile of the real estate in this case on June 20, 2017.

C. Upon the commencement of an auction and the transfer of a right to collateral security (1) D having failed to repay the loan obligation to G, GIST filed an application for a voluntary auction with respect to the instant real estate on October 27, 2017 for the instant real estate, and thereby, G voluntarily auction the instant real estate with respect to the Daejeon District Court Seocheon Branch C (hereinafter “instant auction procedure”).

(2) The Plaintiff began from G on November 22, 2017.

On December 20, 2017, the right to collateral security was transferred on the ground of transfer of confirmed claim and completed additional registration on December 20, 2017.

On December 11, 2017, the Defendant reported the right as a lessee when submitting the instant lease contract at the instant auction procedure.

E. The preparation of a distribution schedule and the Plaintiff’s objection to the Daejeon District Court’s 1,00,000 won, holding the date of distribution on November 7, 2018, when the sale of the instant real estate was conducted in the instant auction procedure, and holding the date of distribution on November 7, 2018, and holding the Defendant as the top priority lessee under the Housing Lease Protection Act, thereby constituting the Defendant’s first priority lessee.

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