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(영문) 청주지방법원영동지원 2015.11.13 2015가단4275
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s establishment of the right to collateral security (1) No. 1006 of the building D (hereinafter “instant housing”) in Chungcheongnam-dong, Chungcheongnam-do.

On June 22, 2007, the ownership transfer registration was completed in the future of F on September 27, 2013, respectively. 2) On December 20, 2013, the Plaintiff entered into a mortgage contract with the content of KRW 60 million with respect to the instant housing owned by F on December 20, 2013, the debtor F and the mortgagee as the Plaintiff, and completed the registration of establishment of a mortgage near the same day.

B. On August 25, 2014, at the Plaintiff’s request, who is a mortgagee, an auction procedure for the instant housing; (1) the decision to voluntarily commence auction on the instant housing was rendered to Youngju District Court Young-dong Branch C; and (2) the auction procedure accordingly (hereinafter “instant auction procedure”).

(2) At the instant auction procedure, the Plaintiff submitted a claim statement with the amount of F as KRW 67,041,095 (Calculation: Principal KRW 50,000,000) (Calculation: KRW 17,041,095).

In the auction procedure of this case, the Defendant concluded a lease contract of KRW 75 million, which is the former owner of the instant housing, and filed a report on the right and demand for distribution by asserting that it is a lessee who has completed the fixed date and the move-in report.

3) The auction court shall order the National Health Insurance Corporation to pay dividends of KRW 102,840,000 to the Defendant and KRW 75,500,000 to the Defendant in the order of priority among KRW 102,663,193, which shall be actually distributed on June 9, 2015 (hereinafter “instant dividend table”). The auction court shall order the Defendant to distribute dividends of KRW 18,504,203 to the Plaintiff in the order of priority 9,056,150, and KRW 3.

(4) On June 9, 2015, the Plaintiff appeared on the date of distribution, and raised an objection to the amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on June 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is fake to F as the blood relative of F, the owner of the instant house.

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