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(영문) 전주지방법원정읍지원 2015.04.28 2014가단5300
배당이의
Text

1. It was prepared on September 4, 2014 by the same court with respect to the auction case of real estate D in the Jeonju District Court-Eup branch.

Reasons

1. Basic facts

A. At the request of the Plaintiff, the mortgagee, the right to collateral security (hereinafter referred to as “each of the instant real estate”), the auction procedure was initiated as D with respect to each of the instant real estate listed in the separate sheet (hereinafter referred to as “instant auction procedure”).

B. Around March 5, 2012, Defendant A leased part of the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) from E, the owner of the instant building, as KRW 10 million, monthly rent, KRW 350,000. On September 27, 2011, Defendant A and F leased part of the instant building at KRW 10,000 from E, the owner of the instant building, KRW 10,000,000, monthly rent, and KRW 1,000,000,000. Defendant A and F reported the right as a lessee in the instant auction procedure.

C. Meanwhile, Defendant B received the order of seizure and assignment of the claim for the refund of the lease deposit against the instant building from the Jeonju District Court, Jeonju District Court Decision 2013TTT2567, and Defendant C received the order of seizure and assignment of the claim for the refund of the lease deposit against the instant building from F under the former District Court Decision 2013TT2891.

On September 4, 2014, the execution court set up a distribution schedule (hereinafter “instant distribution schedule”) that distributes to Defendant A the amount of KRW 7,500,000,000, which is the top priority repayment right under the Commercial Building Lease Protection Act, to Defendant B, the whole creditor of F, and KRW 5,500,000 to Defendant C, the whole creditor of F, and KRW 4,50,000 to Defendant C, the whole creditor of F, and KRW 454,291,653, which is the applicant creditor, to the Plaintiff (hereinafter “instant distribution schedule”).

E. On September 4, 2014, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of dividend distributed by the Defendants, and filed a lawsuit of demurrer against distribution on the 11st of the same month.

F. Meanwhile, each of the instant real estate was sold to G in the above auction procedure on August 8, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment.

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