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(영문) 인천지방법원부천지원 2017.07.12 2016가단27469

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C was the owner of the instant real estate, the land category of which was changed to “B” on September 3, 2012. On December 5, 1997, the instant real estate was registered for the creation of the right to collateral security (hereinafter “the instant right to collateral security”) with the amount of KRW 130,000,000 for the mortgagee, the obligor, C, the maximum debt amount, and the maximum debt amount of KRW 130,000, and on September 29, 2014, the registration for the creation of the right to collateral security (hereinafter “the instant right to collateral security”) with the mortgagee E, C, the obligor, the maximum debt amount of KRW 90,000 was completed.

B. On the other hand, on the other hand, on December 3, 2008, the instant real estate had been registered as the establishment of the right to collateral security (the maximum debt amount of Sep. 23, 2009 was changed to KRW 533,00,000) with the new Gimpo Agricultural Cooperatives, the debtor, the debtor, and the maximum debt amount of KRW 325,00,000,000, respectively, and on October 24, 2011, the registration of the creation of the right to collateral security (the registration of the right to collateral security (the maximum debt amount of KRW 533,00,000) was completed. However, on the other hand, the new agricultural cooperative applied for the auction of the right to collateral security (hereinafter “the auction of this case”). On June 16, 2016, the Incheon District Court established the voluntary auction of real estate (hereinafter “the auction of this case”).

C. On October 31, 2016, the Plaintiff acquired KRW 900,00,00 from E to transfer the claim for the confirmation of the secured debt of the Plaintiff’s right to collateral security, and E notified on November 4, 2016 to C, but the Plaintiff refused to receive the said notification. The Plaintiff acquired the dividend claim to be distributed to E out of the successful bid price of the instant auction case from E on October 31, 2016, and E transferred the right to claim payment of the total amount of dividends to be received by E to Korea on November 7, 2016, and thereafter the notification of the transfer was reached to Korea around that time.

The auction court of this case was dated November 29, 2016.