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(영문) 대구지방법원서부지원 2020.05.28 2019가단59421
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. V completed the registration of the establishment of chonsegwon (right to lease on a deposit basis) with the Daegu District Court No. 45870, Oct. 16, 2009, as to the five-story building on the land surface, Daegu Suwon-gu and 2 lots of land, from October 10, 2009 to October 9, 2014, with the duration of KRW 1 billion from October 10, 2009 to October 1, 2014.

(hereinafter referred to as “the instant chonsegwon”). B.

V completed the registration of creation of a mortgage on the instant chonsegwon with the Daegu District Court No. 11122, Mar. 4, 2011, the maximum debt amount of which was KRW 600 million to X.

(hereinafter referred to as “right to lease on a deposit basis”)

On June 28, 2011, the Plaintiff leased KRW 200 million interest rate of KRW 39% per annum to V on June 28, 201, and the repayment on June 28, 2012. On June 28, 201, the Plaintiff received the registration of transfer of the instant right to lease on a deposit basis (right to lease on a deposit basis) from X to Daegu District Court No. 31203, Jun. 28, 201.

The Plaintiff was issued a collection order (hereinafter “instant seizure and collection order”) on October 14, 201 with respect to the claim based on the instant right of lease on a deposit basis, which was KRW 143,041,72, out of the claim for the security interest claim based on the instant right of lease on a deposit basis (the secured claim of KRW 142,909,202 and the execution procedure cost of KRW 132,520) against V’s third-party obligor Y, etc., and issued a seizure and collection order based on the subrogation right based on the right of lease on a deposit basis, as the Seo-gu District Court Branch Branch Order 201,052, which was issued a collection order based on the right of lease on a deposit basis. This order was served on the third-party obligor at that time.

E. Meanwhile, on October 20, 201, the settlor of the instant case, including Y et al. deposited the deposit amount of KRW 709,734,604 with the Seo-gu District Court Branch of the Daegu District Court (Seoul District Court Decision 2777, Oct. 201, 201, and reported the reason for deposit. The court of execution prepared the following distribution schedule on the date of distribution open on May 29, 2019, under the distribution procedure for Seo-gu District Court Branch of the Daegu District Court (hereinafter “instant distribution procedure”).

AE CD

F. On the date of the above distribution, the Plaintiff raised an objection against the respective dividend amount against the Defendants, and seven days thereafter.

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