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(영문) 전주지방법원 2016.05.17 2015가단11351
배당이의
Text

1. The defendant among the distribution schedule prepared on April 1, 2015 by the above court with respect to A real estate compulsory auction case at the Jeonju District Court A.

Reasons

1. Basic facts

A. On June 1, 2012, Nonparty B purchased the land and C’s land and the five-story building on each of the above land (hereinafter “instant real estate”) from Nonparty D, and completed the registration of ownership transfer on June 20, 2012.

B. After that, on March 10, 2014, the decision to commence compulsory auction was made upon the application of Nonparty E, a creditor, on March 10, 2014, and thereafter, on March 13, 2014, the decision to commence voluntary auction of this court was made in duplicate on April 22, 2014.

(hereinafter “instant auction procedure”). C.

On the other hand, as to the instant real estate on June 20, 2012, the right to collateral security (hereinafter “instant right to collateral security”) was established on the debtor B, the National Federation of Non-Party 1, the National Federation of Fisheries Cooperatives, the maximum debt amount of 888,000,000, and the Plaintiff acquired the said right to collateral security from the National Federation of Fisheries Cooperatives during the instant auction procedure.

In the instant auction procedure, on June 10, 2014, the Defendant asserted that, “On July 30, 2005, on the fourth floor of the instant building among the instant real property, the Defendant entered into a lease agreement with Nonparty D, which provides a deposit of KRW 55 million and monthly rent of KRW 350,000,000,” and submitted the “application for a report on rights and a demand for distribution” to the said auction court.

E. Meanwhile, on February 25, 2015, the instant real estate was adjudicated to Nonparty H. On the date of distribution implemented on April 1, 2015, the said auction court distributed KRW 55 million to the Defendant on the premise that it is a lessee with a fixed date under the Commercial Building Lease Protection Act, and the Plaintiff, the mortgagee, who was the right to collateral security, distributed KRW 788,040,192 to the Defendant, and the distribution schedule (hereinafter “instant distribution schedule”) was prepared. The Plaintiff raised an objection against the Defendant’s KRW 37,156,792, out of KRW 55 million, and thereafter filed a lawsuit of demurrer against the distribution on April 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, and Eul evidence 6 respectively.

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