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(영문) 대구지방법원 경주지원 2018.09.11 2018가단18
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts are either in dispute between the parties, or in accordance with Gap evidence Nos. 1, 3, 4, and 5, and Eul evidence Nos. 3, 4, and 9 (including paper numbers), and in accordance with the response of the order to submit documents related to the registration of the Daegu District Court racing support in this Court, each fact inquiry results against E-dong community service centers in this Court and the whole purport of arguments can be acknowledged.

Attached Form

On February 28, 2014, the registration of ownership transfer was completed on the building indicated in the list (hereinafter “instant building”). G purchased the instant building from F on March 7, 2016 and completed the registration of ownership transfer on the same day.

B. On March 9, 2016, the Plaintiff lent money to G, and completed the registration of the establishment of a mortgage over the instant building, including the maximum debt amount of KRW 132,00,000, and the debtor G.

C. On July 8, 2014, the Defendant leased the instant building by setting the lease deposit of KRW 140,00,000,000 from F, and from September 15, 2014 to September 14, 2016, and was handed over the instant building on September 17, 2017.

On September 17, 2014, the Defendant: (a) made a move-in report for the resident registration with “H and I at L, Gyeong-si; and (b) obtained the fixed date with “K Apartment Lho-ho, which is located in J, Gyeong-si, Gyeong-si.”

In order for G to pay the loan to the Plaintiff, the Plaintiff filed an application for voluntary auction on the instant building, and the Daegu District Court and its branch court rendered a decision to voluntarily commence auction on January 9, 2017 on the instant building.

(C). (e);

The defendant also filed an application for compulsory auction on the building of this case, and the Daegu District Court and the Daegu District Court rendered a decision to commence compulsory auction on March 31, 2017.

(D) F. The above auction case was combined (hereinafter “instant auction”), and on the date of distribution executed on December 27, 2017 in the above auction case, the court distributed the amount of KRW 105,712,746 to the Defendant, the lessee with the fixed date, who was the second creditor, and drafted a distribution schedule that did not distribute to the Plaintiff, the junior creditor.

G. The plaintiff is on the date of the above distribution.

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