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(영문) 수원지방법원 2020.12.09 2019가단562004
배당이의
Text

1. Defendant among the distribution schedule prepared on October 17, 2019 by the said court with respect to the case of Suwon District Court D's auction of real estate.

Reasons

1. On March 13, 2018, the date of the decision to commence the auction of the commercial buildings on the third third floor above the above ground (G private ownership; hereinafter “instant building”) and the date of the decision to commence auction of the building on the third floor above the above land (G private ownership; hereinafter “instant building”): the Defendant G and the maximum debt amount of 6.6 billion won, which were established on the entire land of the instant building and the entire building of the instant building on July 28, 2015. The JJ (hereinafter referred to as the “J”). Since then, the Plaintiff acquired the claim of J and filed a request for auction of the entire land of the instant case and the entire building of the instant case on July 28, 2015, it is the mortgagee G and the maximum debt amount of 6.6 billion won.)

Defendant B as the Defendants is a partial lessee of the first floor of the instant building in the auction procedure of this case, and filed a report on the right to lease deposit of KRW 75 million and a demand for distribution.

(B) On March 3, 2015, Defendant C is the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) established by G and the maximum debt amount of 200 million won (hereinafter “instant right to collateral security”) for the share of G (1/2) among the instant land and the instant building from G. The date of full payment of the sale price: August 16, 2018: The date of the preparation of the distribution schedule (hereinafter “instant distribution schedule”) and the date of distribution: October 17, 2019: the distribution order for the portion related to the instant lawsuit among the instant distribution schedule, the creditors’ priority of creditors (won) 5-mortgage C5, 200,000,000 Plaintiff C5-mortgage 4,825,749,68, and the Plaintiff’s legal representative was present on the distribution date, and did not bring the entire amount of dividends to Defendant B, Defendant C’s 300,700,000 won including each of the instant legal proceedings.

2. Claim against the defendant B

A. On December 2013, Defendant B: (a) between G and G around December 2013, Lcop of the first floor of the instant building from G is KRW 75 million; and (b) KRW 830,000 per month of rent (excluding value-added tax);

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