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(영문) 부산지방법원 2015.01.28 2014가단215693
배당이의
Text

1. Of the distribution schedule prepared on April 24, 2014 by the above court with respect to the Busan District Court B real estate auction case.

Reasons

1. Basic facts

A. On June 30, 201, Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) established a collateral security (hereinafter collectively referred to as “instant building”) with a maximum debt amount of 400,000,000,000 won for the joint collateral against D Building in Busan-gu, Busan-gu, Busan-do, with a view to securing the claim for loans against Sungnam Construction Co., Ltd. (hereinafter referred to as “Seoul-do Bank”).

B. On August 19, 201, the Defendant entered into a lease agreement with C and 201 among the instant buildings (hereinafter “instant 201”) with the term of KRW 5,00,000,000, monthly rent of KRW 400,000, and the term of lease from August 19, 2011 to August 18, 2012 (hereinafter “instant lease agreement”).

C. On August 22, 2011, the Defendant completed a move-in report with delivery of the instant No. 201, and received a fixed date on the instant lease agreement.

On September 11, 2012, the Gyeongnam Bank filed an application for voluntary auction with respect to the instant building on September 11, 2012, and received a decision to commence voluntary auction on September 12, 2012 (hereinafter “instant auction procedure”). In the instant auction procedure, the Plaintiff acquired the relevant loan claim from the Gyeongnam Bank, and transferred its status as a mortgagee.

E. In the instant auction procedure, the sum of actual dividends was KRW 338,954,082, as the instant building was sold. On April 24, 2014, the court of execution prepared a distribution schedule to distribute each of the dividends of KRW 5,00,000, and KRW 331,706,462 to the Plaintiff, who demanded a distribution to the Defendant as a small lessee as to the instant subparagraph 201 on the date of distribution (hereinafter “instant distribution schedule”).

F. On April 30, 2014, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit.

G. On the other hand, the defendant is a considerable period after the conclusion of the instant lease contract.

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