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(영문) 창원지방법원 2017.08.31 2016가단119574
배당이의
Text

1. A distribution table prepared by the Changwon District Court on December 20, 2016 concerning D D's auction of real estate.

Reasons

1. Basic facts

A. On February 12, 2014, the Plaintiff: (a) lent KRW 940 million to E (hereinafter “E”); (b) set up a collateral security of KRW 1,308,000,000 for each real estate listed in the separate sheet (hereinafter “instant real estate”); and (c) setting only the building Nos. 2 in the separate sheet (hereinafter “instant building”).

On March 17, 2014, the Plaintiff lent KRW 170 million to E, set additional collateral security worth of KRW 144 million with respect to the instant real estate.

B. E did not pay each of the above loans, on October 20, 2015, the Plaintiff filed an application for the auction of real estate rent D with the Changwon District Court on the instant real estate (hereinafter “instant auction”).

On the other hand, the Plaintiff, as of November 18, 2016, has a loan claim amounting to KRW 1,32,531,438, including the principal amount of KRW 1,101,459,819, interest amount of KRW 231,071,619, and interest of KRW 1,332,531,43

C. In the instant auction procedure on December 20, 2016, the Changwon District Court distributed KRW 10 million to Defendant A and B, and KRW 5 million to Defendant C, respectively, in the first order as the top priority lessee, and distributed KRW 712,181,309 to the Plaintiff as the mortgagee.

On December 20, 2016, the Plaintiff appeared on the date of distribution of the instant auction and raised an objection against the total amount of the Defendants’ dividends on the distribution schedule prepared on the same day (hereinafter “instant distribution schedule”). On December 22, 2016, the Plaintiff filed the instant lawsuit against the Defendants on December 22, 2016.

[Reasons for Recognition] Defendant C: the entries in the evidence Nos. 1, 2, 7, 9, and 10, and the purport of the whole pleadings, as a whole, in the legal confessions (Article 150(3) of the Civil Procedure Act)

2. Claim against Defendant C

A. On June 30, 2015, Defendant C prepared a lease contract with E with respect to the instant building at KRW 5 million.

However, the lease contract with Defendant C and E is a small lessee of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).

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