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(영문) 광주지방법원 2015.11.12 2015가단17246

배당이의

Text

1. Defendant ., of the distribution schedule prepared on April 15, 2015 by the said court with respect to the real estate auction case E by the Gwangju District Court.

Reasons

The grounds for the determination of the claims against the defendant B and C are as shown in the attached Form of the claim.

On March 7, 2011, the Plaintiff entered into a mortgage contract with Defendant 208(3)2(self-scurk Global, and medical corporation’s owner of each real estate indicated in the separate sheet (the Plaintiff’s wife F completed the registration of ownership transfer on October 4, 201) and the maximum debt amount of each real estate on March 7, 201, and completed the registration of ownership transfer to Defendant cur Global on March 8, 201.

On November 30, 2012, Defendant D (hereinafter “Defendant D”) repaid Defendant vecel Global KRW 250 million out of the secured debt of the said right to collateral security on behalf of A. On December 4, 2012, Defendant D made a supplementary registration of partial transfer of the right to collateral security on the ground of payment by subrogation of KRW 250 million.

Around 2013, Defendant D applied for a voluntary auction of each real estate listed in the separate sheet to the Gwangju District Court E (the voluntary auction of the real estate listed in paragraph (8) of the separate sheet was withdrawn). On April 15, 2015, Defendant D prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the dividends amounting to KRW 45 million shall be distributed to Defendant Becur Global and Defendant D, respectively, in the order of April 15, 2015. On the same day, the Plaintiff was present on the date of distribution on the date of distribution and raised an objection against the total dividends amount, etc. of Defendant Becur Global and D among the above distribution schedule as the debtor.

【In the absence of dispute, the Plaintiff’s assertion of the purport of Gap’s evidence Nos. 1 through 5, and the entire pleadings, shall borrow KRW 90 million from Defendant Becel global, and complete the registration of establishment of a neighboring real estate as indicated in the separate sheet.