logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.12.09 2014가단20513
배당이의
Text

1. Of the distribution schedule prepared on April 29, 2014 by the said court with respect to the Daegu District Court C’s auction of real estate, the Defendant.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on May 10, 2007 in the name of D and E with respect to each one-half share of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. As to each of the instant real estate, the registration of establishment of a mortgage was completed on May 21, 2007, the maximum debt amount of KRW 40,000,000, the debtor D, the right holder D, and the right holder East Amba Co., Ltd., and the registration was completed on June 24, 2013 with the right holder as the plaintiff on June 24, 2013. The registration of establishment of a mortgage was completed on September 5, 2013 with the maximum debt amount of KRW 60,00,000, the debtor D, and the right holder as the plaintiff.

C. On October 29, 2013, a voluntary auction was initiated in accordance with the Daegu District Court’s ruling (C) with respect to each of the instant real estate. In the above auction procedure, each of the Defendants’ dividends of KRW 19,00,000,00 as a lessee of small claims, and the Plaintiff, as a mortgagee, was set up a distribution schedule with KRW 4,334,718 as to the total remaining amount in the order of 40,000,000 as a mortgagee, and KRW 4,334,718 as a mortgagee.

The amount of claims against the plaintiff D and E is KRW 354,117,738 as of April 29, 2014, which is the date when the distribution schedule is prepared.

E. On the date of distribution, the Plaintiff raised an objection to the total amount of the dividend to the Defendants, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the written evidence Nos. 5 and 7, based on the real estate lease contract concluded with the lessor E, lessee B, and deposit 20,000,000 won as to the first floor of the instant real estate among the instant real estate buildings on May 13, 2007, Defendant A demanded a distribution of KRW 19,00,000 as a small lessee of the instant real estate on August 10, 207, based on the lessor E, lessee A, deposit 30,000,000 as to the second floor of the instant real estate among the instant real estate on August 10, 2007.

arrow