(영문) 광주지방법원 2015.03.20 2014나7045 | 리걸엔진

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(영문) 광주지방법원 2015.03.20 2014나7045

배당이의

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a mortgagee who completed the establishment registration of a mortgage on February 26, 2008, consisting of a maximum debt amount of 325,000,000,000 with respect to the real estate indicated in the separate sheet, which is owned by the sea development limited company (hereinafter “instant real estate”), and the establishment registration of a mortgage on August 24, 2009, which is composed of a maximum debt amount of 65,00,000,000.

The Plaintiff applied for voluntary auction (hereinafter “instant auction”) with respect to the instant real estate to Gwangju District Court D, and received the instant decision to commence the auction on December 16, 201.

B. On February 20, 2012, the Defendant reported the right as a lessee of the instant real estate at the auction, and the executing court, on June 27, 2013, prepared a distribution schedule by recognizing the Defendant as a lessee of the instant real estate and as paying KRW 201,714,343, out of the amount of credit of KRW 380,149,69,698, the date of distribution, and as paying KRW 14,00,00 to the Defendant, the Defendant as a lessee of a small amount (hereinafter “instant distribution schedule”), and the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, 13, 15, and 16 (including each number), the purport of the whole pleadings

2. As to the Plaintiff’s assertion that the Defendant is a false lessee, the Defendant asserted that the Defendant concluded a lease contract with the Marine Development Limited Company on May 16, 201 with respect to 204 of the instant real estate, and completed the move-in report on May 23, 201, which was prior to the decision to commence the instant auction and actually resided therein.

3. Determination Gap evidence No. 15 added the purport of the entire pleadings, it is recognized that the defendant and the marine development limited company completed the move-in report on May 16, 201 with respect to 204 of the instant real estate, the lease deposit of KRW 20,00,000, the lease term of KRW 200,000, and the lease term of the two-year lease contract between the defendant and the marine development limited company. The defendant obtained a fixed date on May 23, 201 and completed the move-in report on the same

(b).

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