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(영문) 대전지방법원 2016.06.30 2015가단31916
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. With respect to the Daejeon Sung-gu Daejeon District Court F 476.8 square meters (hereinafter “instant site”) and the accommodation facilities and detached houses (hereinafter “instant building”), which were owned by the Defendant, the double auction procedure (hereinafter “instant auction procedure”) was conducted on April 29, 2015, upon application by G and H, a mortgagee, at the request of G and H, and the National Federation of Fisheries Cooperatives (hereinafter “NF”) (hereinafter “NF”), with respect to the instant building on the 7th floor of reinforced concrete structure (hereinafter “instant building”).

B. On June 15, 2015, the instant building site and building were sold to the Plaintiff at KRW 2,890,000,000 on the date of sale. On July 23, 2015, the registration of ownership transfer in the Plaintiff’s name was completed.

C. At the instant auction procedure, the distribution schedule was prepared in the order of 2,82,259,69, and 2,041,263,026 won, 272,263,026 won, 272,9,243 won, 272,243 won, 272,93 won, 272,93,243 won, 2, to the transferee of NFC, a mortgagee, a mortgagee, and to G and H, a creditor holding the right to request a collective security, 3rd priority, with each of the amount of credit, 161,789,471 won, 471 won, 124,250,473 won, 473 won, to the Plaintiff, a person holding the right to lease the instant building, who is the debtor and the owner of the instant building, in the order of 5th order.

The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendant’s dividend, and filed a lawsuit of demurrer against distribution on September 3, 2015.

E. On August 4, 2014, the Plaintiff concluded a lease agreement with the Defendant stating that the instant site and building was leased KRW 550 million, monthly rent of KRW 17 million (excluding value-added tax), and the term of lease from October 20, 2014 to October 19, 2016.

(f).

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