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(영문) 광주지방법원 2019.11.29 2018가단540334
배당이의
Text

1. The distribution schedule prepared by the same court concerning the distribution procedure of the real estate auction case E in the Gwangju District Court.

Reasons

1. Basic facts

A. In order to lend and secure the money to F, the Plaintiff respectively set the right to collateral security (hereinafter “mortgage 1”) of KRW 79,200,000 with the maximum debt amount on April 16, 2015, and KRW 8,400,000 with the maximum debt amount on May 4, 2016, and also set the right to collateral security (hereinafter “mortgage 2”) of KRW 26,40,00 with the 14th anniversary of the 14th floor of the G building in Gwangju-gu, Seoul (hereinafter “I real estate”) owned by F, and also set the right to collateral security (hereinafter “mortgage 36,40,000 with the maximum debt amount”).

a person who has been established.

B. As F did not repay the borrowed money to the Plaintiff, the Plaintiff filed an application for voluntary auction on the instant real estate and I real estate based on the first through third collateral mortgages, and rendered a decision of voluntary auction to the Gwangju District Court E on November 23, 2017.

hereinafter referred to as "the auction procedure of this case"

C. In the instant auction procedure, the Defendant leased the instant real estate in KRW 30,000,000 on September 21, 2017, and “the instant lease agreement” (hereinafter referred to as “the instant lease agreement”).

On December 12, 2017, the Supreme Court reported the right as a small-sum lessee and made a demand for distribution, alleging that the fixed date was received as the fixed date.

In the instant auction procedure, the Plaintiff submitted a claim statement to the effect that: (a) the principal amount of KRW 60,820,00 based on the first collateral mortgage; (b) interest of KRW 8,700,760 up to December 13, 2018; (c) interest of KRW 11,70,000; (d) interest of KRW 2,205,53; and (d) interest of KRW 22,00,000; and (d) interest of KRW 3,431,802 up to December 13, 2018, based on the second collateral mortgage; and (e) interest of KRW 22,00,000; and (e) interest of KRW 3,431,802, based on the third collateral mortgage.

E. In the instant auction procedure, the instant real estate and I real estate were sold en bloc, and on December 14, 2018, the Defendant distributed KRW 20,000,000 to the Defendant as a lessee of small amount of the instant real estate, and the Plaintiff paid KRW 25,431,802 to the Plaintiff based on the third party collateral security, the interest of KRW 3,431,802 to December 13, 2018 was KRW 22,00,000,000.

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