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(영문) 대전지방법원 2020.06.25 2019가단134066
배당이의
Text

1. Of the distribution schedule prepared on November 14, 2019 by the said court with respect to the Daejeon District Court C's auction of real estate.

Reasons

1. Basic facts

A. The party’s relation Jung-gu Daejeon Special Metropolitan City D major 585.9 square meters (hereinafter “instant land”) is owned by E, and the relevant ground building (hereinafter “instant building”) is owned by F.

The Plaintiff is a person who acquires, from G organizations, the maximum debt amount set forth in the instant land and building, the secured debt amount of KRW 650 million, the secured debt amount of KRW 546 million, the maximum debt amount of KRW 546 million, the secured debt amount of KRW 650 million, the secured debt amount of KRW 650 million, the secured debt amount of KRW 50 million, and the secured debt of KRW 650 million, the obligor E, and the secured debt.

The defendant is the lessee of the first floor office among the land and buildings of this case.

B. On May 21, 2018, the Plaintiff filed an application for an auction of real estate on the instant land and building ( Daejeon District Court C) and received a decision to commence auction on May 21, 2018.

(hereinafter “instant auction”). At the instant auction procedure, the Defendant reported the right to demand distribution and right to the lessee on November 7, 2017, along with a written lease agreement (hereinafter “instant lease agreement”) from the lessor Co., Ltd., F, the lessee, the Defendant, the deposit amount of KRW 20 million, and the rent of KRW 700,000,000,000,000 for the instant land and building. In addition, the Defendant reported the right as the lien holder, along with a written estimate that he spent KRW 14,576,560 for the instant land and building, and for the office building construction.

On November 14, 2019, the auction court distributed the necessary profit ratio of KRW 14,576,560 to the defendant, who is the lessee of the first floor office, among the amount to be actually distributed out of KRW 1,519,520,038 on the date of distribution open (hereinafter “the date of distribution of this case”) on November 14, 2019, and prepared a distribution schedule to distribute the amount of KRW 1,432,405,138 to the plaintiff, who is the mortgagee, as the right to collateral security.

On the date of distribution of the instant case, the Plaintiff raised an objection against the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on November 20, 2019, one week thereafter.

[Ground of recognition] There is no dispute.

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