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(영문) 수원지방법원 2021.02.25 2020가단553495
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 27, 2020 with respect to compulsory auction cases of Suwon District Court D's D's real estate.

Reasons

1. Facts of recognition;

A. On September 24, 2019, the Plaintiff filed a lawsuit against the Plaintiff for damages as Suwon District Court 2018 Ghana 54191, and on September 24, 2019, the lower court rendered a judgment that “E shall pay to the Plaintiff KRW 90,271,253 and the delayed damages therefrom.”

Accordingly, the Plaintiff filed a compulsory request for auction with respect to the Suwon-si, Suwon-si, Suwon-si, the Suwon-si, F and Gho (hereinafter “the instant real estate”) on November 20, 2019 (hereinafter “the auction of this case”). (b) The date of demand for distribution of the instant auction procedure is February 3, 2020, and E filed as the Defendant’s representative on January 23, 2020, for the following rights reporting and demand for distribution.

On October 12, 2018, the date of the moving-in report for resident registration from October 1, 2018 to October 1, 2018, the lease term of 15 million won in part: the lease term of 200,000 won in monthly rent, from October 1, 2018 to October 1, 2020: The contracting party: the date of the moving-in report for resident registration on October 12, 2018: the lessor E and the lessee (Defendant): October 1, 2018.

In the distribution procedure of the auction case of this case, the Suwon District Court set up a dividend table on August 27, 2020 on the date of distribution open on August 27, 2020 and presented it to interested parties, and the order of priority between the Plaintiff and the

The amount of dividends paid by the defendant KRW 15,00,000 (Order 1, top priority tenant) 65,188,086 (Order 5, creditor, creditor, and respondent, second priority tenant)

D. On the dividend date, the Plaintiff raised an objection to the total amount of the Defendant’s dividends, and filed the instant lawsuit on September 1, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 5, 6, 7, 9, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The burden of proof as to the grounds for objection in a lawsuit raising an objection to the distribution of dividends is in accordance with the principle of allocation of the burden of proof in general civil procedure. Therefore, in a case where the Plaintiff asserts that the Defendant’s claim has not been established,

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