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(영문) 대구지방법원상주지원 2020.11.17 2019가단7777
배당이의
Text

In the Daegu District Court's resident settlement support E real estate auction case, the distribution schedule prepared by the court on August 22, 2019.

Reasons

1. Facts of recognition;

A. On January 23, 2019, a decision to commence voluntary auction was rendered on January 23, 2019 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by FF farming association corporations (hereinafter “foreign farming association corporations”).

(Seoul District Court resident support E). (b)

On April 2, 2019, Defendant B filed a report on the right and demand for distribution, alleging that the instant real estate was a lessee who entered into a lease agreement as of January 19, 2018, which came into force on January 19, 2018, from January 19, 2018 to January 19, 2020, and on January 19, 2018, the date of transfer and the fixed date of transfer, as of November 12, 2018.

On April 1, 2019, Defendant C filed a report on the right and demand for distribution, alleging that the instant real estate was a lessee who entered into a lease agreement as of December 20, 2017, which was concluded on December 30, 2017, between December 30, 2017 and December 30, 2019; the date of transfer on December 30, 2017 and the fixed date of transfer on November 13, 2018.

On April 2, 2019, Defendant D filed a report on the right and demand for distribution by asserting that he/she is a lessee who entered into a lease agreement as of August 30, 2017, which was concluded on August 30, 2017, which was the date of transfer on September 30, 2017, and the date of transfer on September 30, 2017 and the date of fixed date of transfer on November 6, 2018.

C. The auction court set up a distribution schedule of August 22, 2019 (hereinafter “instant distribution schedule”) that distributes to the Defendants each KRW 17,000,000 as a tenant of small claims and distributes the amount of KRW 163,336,025 to the Plaintiff, the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”).

On August 22, 2019, the Plaintiff raised an objection to the entire distribution to the Defendants on the date of distribution, and filed the instant lawsuit on August 27, 2019.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1, 2, 3, the purport of the whole pleadings

2. The gist of the parties’ assertion asserts that the Defendants are the most lessee who prepared a false lease contract in collusion with the non-party corporation.

The Defendants are legitimate to enter into a lease agreement with the non-party corporation and possess the relevant part of the instant real estate.

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