beta
(영문) 광주지방법원 2014.11.06 2013가합53863

배당이의

Text

1. Of the distribution schedule prepared on August 9, 2013 by the said court with respect to the case of auction (C overlapping) of real estate B in the Gwangju District Court.

Reasons

1. Basic facts

A. On March 22, 2012, the Plaintiff prepared a certificate of borrowing that “250,000,000 won is to be borrowed by fixing the interest rate of 2% per month and the due date of repayment within 12 months” to the Plaintiff as a creditor of loans to D Co., Ltd. (hereinafter “D”).

On the other hand, on July 31, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage at KRW 550,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On April 18, 2012, the Defendant concluded a consignment contract with E on the premises of the hospital located on the ground of the instant real estate and paid KRW 200 million to E as the deposit for the entrustment of the said contract, and D, in order to secure the repayment obligation of KRW 200 million as to the instant real estate, established a collateral security in the future for the Defendant (hereinafter “instant collateral security contract”). On the same day, the Defendant completed the registration of the establishment of the neighboring district court, which became the debtor E and the maximum debt amount of KRW 200 million, pursuant to Article 76761, which was received by the Gwangju District Court.

B. The Defendant applied for a voluntary auction of the instant real estate to Gwangju District Court B as a mortgagee, and the instant real estate was sold to F, G, and H on June 27, 2013.

(2) On August 9, 2013, the date of distribution was set on August 9, 2013. Of the dividend amount of KRW 2,157,741,398, 2,740,810 to the Gwangju Metropolitan City Mine-gu, the holder of the right to deliver (the pertinent tax), 350,625,67,883 won to the limited liability company specialized in securitization, 1,625,67,83 won, 350,000 won to the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

A. On the date of the above distribution, the plaintiff was prepared to the defendant 172,138,175 won.