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(영문) 창원지방법원통영지원 2017.12.07 2017가단2433
배당이의
Text

1. Of the distribution schedule prepared by this Court on May 17, 2017, the defendant with respect to a case involving a compulsory auction of real estate C in this Court.

Reasons

Basic Facts

The Plaintiff filed a payment order against D with this court seeking reimbursement of KRW 76,400,000 for recourse amounting to KRW 76,677,00 for compensation and its delay damages, and filed an application for payment order claiming payment of KRW 200,000,000 for acceptance money and its delay damages with this court’s order on July 17, 2014, and each of the above payment orders was finalized on August 9, 2014.

D Real estate indicated in the attached Form D (hereinafter “instant real estate”) was sold through the auction procedure for compulsory auction (hereinafter “instant auction procedure”) at this court. At the instant auction procedure, the Defendant filed a report on the right to lease deposit and demanded the distribution of KRW 50 million,00,000,000,000 in the building (attached Form 3) of this case (hereinafter “instant store”) of this case, which is 60 square meters (hereinafter “instant store”) among the buildings of this case (attached Form 3), and filed a report on the right to lease deposit and demand the distribution of KRW 50,00,000,000,000 in the lease deposit.

The distribution schedule (hereinafter “instant distribution schedule”) was prepared with respect to KRW 3,03,03,262,266,266,266 of the instant auction procedure implemented on May 17, 2017, with respect to the amount to be actually distributed to Plaintiff 2’s 1-mortgage 2,112,661,737 100% 50,000% E27,893,502 47.63% of the right to demand distribution, 127,943,643,615, and 47.63% of the right to demand distribution, Defendant 2, the requesting creditor, 384,764,112,50.23% of the amount to be actually distributed from the date of distribution of the instant auction procedure, which was implemented on May 17, 2017:

The Plaintiff appeared on the date of the above distribution, and raised an objection against the dividend amount to the Defendant, and filed a lawsuit of demurrer against the distribution of the instant case.

【Ground of recognition” without any dispute, entry of Gap 1 through 4, and the purport of the whole pleadings by the plaintiff alleged by the parties concerned, the defendant was the most lessee who entered into a false lease contract with D, and did not pay the lease deposit to D, and the defendant was related to the store of this case.

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