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(영문) 창원지방법원진주지원 2015.11.26 2015가단7165
배당이의
Text

1. It was prepared by the said court on July 20, 2015 with respect to the auction case of the real estate B in the Changwon District Court Jinju Branch B.

Reasons

1. On March 26, 2014 and July 22, 2014, the Plaintiff completed the registration of creation of a mortgage on the following: (a) the Plaintiff, the mortgagee, the maximum debt amount of the mortgage amount of KRW 420,000,00; (b) the Plaintiff, the mortgagee of the right to collateral security, the maximum debt amount of KRW 65,00,000,000; and (c) additional establishment of a mortgage on the part of the obligor D with the obligor D.

Around April 7, 2014, the Defendant: (a) leased part of the first floor of the instant building from D as deposit money of KRW 30,000,000; (b) monthly rent of KRW 300,000; and (c) from August 1, 2014 to August 1, 2015; (b) filed an application for registration of the instant building with the location of the building as the location of the instant building upon obtaining a fixed date on the lease agreement from Jinju Tax Office on July 31, 2014.

After that, the Plaintiff filed an application for voluntary auction of the instant land and buildings with the Changwon District Court Jinwon Branch B, and the said court rendered a decision to voluntarily commence auction on November 13, 2014.

In the above voluntary auction procedure, the defendant filed a report on the right and demand for distribution on the basis of the claim to return the lease deposit amount of KRW 30,000.

Of the amount to be actually distributed on July 20, 2015, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing KRW 11,813,127 to the Defendant, who is the lessee of the fixed date registry, among KRW 420,313,830, the date of distribution, and KRW 38,919,736, and KRW 362,75,81 to the Plaintiff, the creditor, respectively.

On July 27, 2015, the Plaintiff appeared on the date of distribution, and stated an objection to the whole amount of distribution to the Defendant, and thereafter filed a lawsuit of demurrer against distribution on July 27, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. As seen earlier, on July 31, 2014, after the Plaintiff completed the registration of the establishment of a neighboring mortgage on the instant building, the Defendant confirmed the fixed date on the lease agreement for the instant building.

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