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(영문) 수원지방법원 2020.10.30 2020가단1925
배당이의
Text

Of the distribution schedule prepared by the same court on January 21, 2020 with respect to the Suwon District Court E's auction of real estate.

Reasons

1. Basic facts

A. On March 6, 2017, the Plaintiff entered into a contract with the Defendant to establish the right to collateral security (hereinafter “instant contract”) of KRW 70,000,000 with respect to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the Plaintiff (hereinafter “the right to collateral security”). On March 8, 2017, the Plaintiff concluded a contract with the Defendant to establish the right to collateral security of KRW 70,000 with respect to the instant real estates (hereinafter “the right to collateral security”). On March 8, 2017, the Plaintiff completed the establishment registration of the right to collateral security (hereinafter “the right to collateral security”).

B. On March 18, 2019, the FF Union, a senior mortgagee of each of the instant real estate, applied for the auction of the real estate in relation to each of the instant real estate to Suwon District Court E.

(hereinafter referred to as the “instant auction procedure”). C.

In the auction procedure of this case, each of the instant real estate was sold. On January 21, 2020, the above execution court prepared a distribution schedule of KRW 70,00,00,000, out of KRW 253,135,536, which was the remaining 253,135,536, which was the amount calculated by deducting the execution cost from the sale price, as of the date of distribution, which was set forth in the distribution date, which was set forth in the 253,135,536, which was the senior mortgagee, the Defendant, the junior mortgagee, and KRW 23,191,586, which was the junior mortgagee, and KRW 27,441,210, which was the junior mortgagee, the junior mortgagee, and KRW 23,191,59,

The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on January 28, 2020, which was seven days thereafter.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. According to the Plaintiff’s instant contract, the term of existence is set up as of December 31, 2017. As such, the instant contract was invalidated upon the expiration of the said period, as well as the existence of the secured obligation of the instant mortgage, and thus, at the time of the instant auction procedure.

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