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(영문) 광주지방법원 2020.07.09 2020가단502007
배당이의
Text

1. A distribution schedule prepared on January 17, 2020 by the above court with respect to the case of compulsory auction of real estate in Gwangju District Court C (D).

Reasons

1. Basic facts

A. On September 9, 2016, the Plaintiff, while lending KRW 370 million to E, filed a registration of the establishment of a neighboring maximum debt amount of KRW 444 million with respect to the relevant land and the instant building, for the purpose of securing the foregoing loan claims, the Plaintiff registered the establishment of a mortgage over the maximum debt amount of KRW 444 million with respect to the relevant land and the instant building (hereinafter referred to as the “instant real estate”).

B. On December 21, 2017, the following day after the cancellation of the registration of the establishment of a neighboring mortgage on December 21, 2017 upon the E’s request that the above establishment of a neighboring mortgage be temporarily cancelled in order to obtain a loan from G Cooperatives, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the instant real estate again on December 22, 2017.

C. On January 8, 2019, according to the E’s creditor H’s application for compulsory auction, the procedure for compulsory auction was initiated with respect to the instant real estate to the Gwangju District Court C on January 8, 2019, and the Plaintiff was also unable to receive the said loan from E, and the auction procedure was initiated on March 28, 2019 by filing an application for voluntary auction.

On November 13, 2017, the Defendant asserted that he/she is a lessee who moved into the leased object of this case and commenced possession thereof on the day after he/she leased the first (hereinafter “the leased object of this case”) of the instant building from E to KRW 30 million, and filed a report on the right and demand for distribution thereof on April 4, 2019.

E. On the date of distribution implemented on January 17, 2020, the auction court set up a distribution schedule with the content of allocating KRW 20,000,000 to the G Union, which is the mortgagee, in the second order, to the Plaintiff, who is the mortgagee, as the mortgagee, in the top priority lessee for the leased object of this case, and in the second order, to the Defendant as the lessee.

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