(영문) 수원지방법원 2020.03.12 2019가단11742

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(영문) 수원지방법원 2020.03.12 2019가단11742

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 20, 2014, D Co., Ltd. entered into a mortgage agreement with E as to the real estate (hereinafter “each of the instant real estate”) listed in the Attachment List owned by E (hereinafter “E”), with respect to the debtor, the maximum debt amount of which is KRW 84,00,00, and the mortgage agreement with the mortgagee as D, with respect to the real estate (hereinafter “instant seven real estate”). On May 20, 2014, D Co., Ltd. entered into a mortgage agreement with E and completed the mortgage establishment registration (hereinafter “the mortgage registration of this case”), which was established by the establishment registration of a mortgage of this case.

B. The F Co., Ltd. that merged D, a collateral security right holder of the instant case, applied for a voluntary auction on each of the instant real estate by applying for a voluntary auction (hereinafter “instant auction procedure”) to Suwon District Court C (hereinafter “instant auction procedure”).

C. On June 27, 2017, the Plaintiff asserted that the portion 1/2 (83.92 square meters) out of the instant seven real estate was leased to the said auction court, and filed a report on the right to claim the return of the lease deposit amount of KRW 41,00,000, and filed an application for demand for distribution.

However, on May 8, 2019, the above auction court determined the amount to be actually distributed as KRW 524,175,187, and set up a distribution schedule (hereinafter “instant distribution schedule”) with the content that: (a) KRW 19,509,500 to Suwon-si, the holder of the right to deliver (the pertinent tax); (b) KRW 41,00,000 to G, the lessee of the fixed date unit of the instant seven real estate; and (c) KRW 463,665,687 to the Defendant who acquired the instant right to collateral security from F, the applicant creditor, and excluded the Plaintiff from the distribution of dividends.

【Reasons for Recognition】 Each entry of evidence Nos. 1, 2, 6, 9, 10, and 12, and the purport of the whole pleadings

2. Determination

A. The defendant was present on the date of distribution of the auction procedure of this case and raised an objection against the amount of distribution of the defendant.

유사 판례

-수원지방법원 2020.03.12 2019가단11742

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-의정부지방법원고양지원 2016.08.26 2015가단32335

-서울북부지방법원 2014.11.28 2013나7156