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(영문) 인천지방법원 2020.07.17 2019가단248561
배당이의
Text

Of the dividend table prepared by the above court on August 14, 2019 with respect to the auction of real estate C in Incheon District Court, the defendant is the defendant.

Reasons

1. Facts of recognition;

A. With respect to the Seo-gu Incheon Metropolitan Government D apartment E (hereinafter “instant real estate”), F has completed the registration of ownership transfer on March 2, 2016; F has completed the registration of establishment of a neighboring mortgage consisting of 161,200,000 maximum debt amount on July 7, 2016; H Co., Ltd. (hereinafter “Nonindicted Bank”); the registration of establishment of a neighboring mortgage consisting of 79,300,000 maximum debt amount on the same day; H Co., Ltd.; the registration of establishment of a neighboring mortgage consisting of 30,000,000 maximum debt amount on July 29, 2016; and the Incheon Credit Guarantee Foundation’s registration of provisional attachment consisting of 23,32,500 as claimed on March 15, 2018.

On May 29, 2018, Nonparty bank received from this court a decision to commence voluntary auction on the instant real estate (this court C; hereinafter “instant auction procedure”).

B. On June 19, 2018, the Plaintiff acquired a claim against F from a non-party bank, and on June 22, 2018, the Plaintiff was above the non-party bank.

On June 22, 2018, I completed the registration of the establishment of a pledge right with respect to each of the above collateral mortgages by the Plaintiff.

C. On February 26, 2018, the Defendant entered into a lease contract with F and the instant real estate (hereinafter “instant lease contract”) with the term of KRW 23,00,000, and with the term of the lease from March 12, 2018 to 24 months (hereinafter “instant lease contract”) and received the instant real estate from F and obtained a fixed date on March 12, 2018 after completing the move-in report on March 12, 2018.

Upon the commencement of the instant auction procedure, the Defendant made a demand for distribution as to the lease deposit under the instant lease agreement on June 18, 2018.

On the date of distribution of the instant auction procedure implemented on August 14, 2019, the Defendant received 23,000,000 won, the full amount of deposit for lease as a small lessee, and the Plaintiff received dividends of KRW 6,814,882, out of KRW 145,371,358, as a mortgagee.

The plaintiff is distributed to the defendant on the date of the above distribution.

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