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(영문) 청주지방법원 제천지원 2018.10.10 2018가단981
배당이의
Text

1. It was prepared on May 18, 2018 by the above court with respect to the compulsory auction case of Cheongju District Court B real estate B.

Reasons

1. Basic facts

A. C, on November 26, 2015, transferred the ownership of a building for accommodation facilities (hereinafter “instant real estate”) with F-495 square meters in Seocheon-si and E, and three-storys above the ground.

B. On October 30, 2015, the Plaintiff completed the registration of the establishment of a mortgage, which is “1,060,000,000 won with respect to the instant real estate, etc.” and “debtor D,” as to the instant real estate, etc.

After that, on November 26, 2015, the debtor of the registration of the establishment of a neighboring mortgage was changed to C.

C. On August 26, 2016, the Defendant entered into a lease agreement with C and the instant real estate with the term “30,000,000 won for lease deposit, and from August 26, 2018 to August 25, 2017” (hereinafter “instant lease agreement”).

On November 9, 2016, the Defendant filed a business report (the succession to the status of a business operator) stating that he/she will run a lodging business under the name of “GMour” with the title of “GMour”, and completed the business registration on November 10, 2016 as of December 30, 2016, and filed a move-in report with the domicile of the instant real estate on November 11, 2016.

E. On November 17, 2016, the Cheongju District Court rendered a decision to commence compulsory sale of the instant real estate B, etc.

(hereinafter the above procedure for compulsory auction is “instant compulsory auction” or “instant procedure for compulsory auction.” On November 29, 2016, the Defendant obtained a fixed date under the instant lease agreement.

G. The instant real estate was sold due to a compulsory auction on April 26, 2018.

H. On May 18, 2018, Cheongju District Court rendered a distribution schedule with respect to KRW 615,867,643 of the amount to be actually distributed except for execution expenses, etc. on May 18, 2018, which is the date of distribution of the compulsory auction procedure of this case, to the Defendant, who is a lessee of small amount, and KRW 10,000,000,000, and KRW 605,867,643 in the order of priority to the Plaintiff, a mortgagee,

I. The Plaintiff appeared on the date of the above distribution and stated an objection against the Defendant as to the whole amount of distribution.

[Reasons for Recognition] Nos. 1, 2, 3, 5, 9, and 1, 1.

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