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(영문) 대구지방법원김천지원 2020.06.17 2019가단32015
배당이의
Text

1. The distribution schedule prepared on March 28, 2019 by the said court concerning the auction case of real estate Kimcheon-gu Seoul Special Metropolitan City Kimcheon-do.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, 3, and 4-1, 2, 4, 5, 7, and 8:

On August 29, 2011, the registration of ownership transfer was completed under the name of D on October 24, 201 with respect to the Guro-si E Apartment F (hereinafter “instant apartment”) on the ground of sale and purchase as of August 29, 201. On April 26, 2016, the registration of the establishment of a mortgage of KRW 253,50,000 for the debtor as D and the mortgagee as G (hereinafter “G”) and the maximum debt amount of KRW 81,90,000 for the establishment of a mortgage and the maximum debt amount of KRW 81,90,000 for the establishment of a mortgage was completed.

B. Following the request for auction by G, a mortgagee, filed a voluntary decision to commence the auction of the instant apartment on February 19, 2018, with the Daegu District Court Kimcheon-Support C, but the Defendant asserted that “one of the instant apartment units (one column) from September 1, 2016 to September 11, 2016, was to lease the lease deposit amount of KRW 20,000,000, and the lease term was to be determined from September 12, 2016 to September 11, 2018 (hereinafter “the instant lease contract”), and to move in the lease deposit amount of KRW 20,000,00,000, and filed a move-in report on September 11, 2017, and claimed that “the small lessee with the fixed date set forth in the lease agreement.”

C. On the other hand, on March 30, 2018, the Plaintiff acquired the claim against D from G, and completed the supplementary registration of each of the above rights to collateral security based on the transfer of confirmed claim on the same day. On the same day, each of the above rights to collateral security was completed with the registration of the establishment of the right to collateral security.

The apartment of this case was sold at KRW 255,120,00, and the court of execution shall determine the amount of KRW 250,948,803, which was the amount to be distributed on the date of distribution implemented on March 28, 2019, less the execution cost of KRW 255,195,402, which was the amount to be distributed in the actual amount to be distributed, and distribute it to the first order.

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