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(영문) 광주지방법원 2016.08.05 2016가단4308

배당이의

Text

1. A distribution schedule prepared by the same court in the Gwangju District Court B, C, and D (Consolidated Real Estate) auction case on January 29, 2016.

Reasons

1. Basic facts

A. On July 2013, the voluntary auction (e.g., Gwangju District Court B, C, D, and hereinafter “instant auction”) was commenced for real estate owned by E farming association corporations (hereinafter “E”).

In the foregoing case, on January 29, 2016, the Gwangju District Court held that Defendant A participated in the above auction in the first order as a wage obligee (Defendant A was for the appointed party, and KRW 2,00,00,000 out of the above money was for the appointed party F) and that the Plaintiff, as a mortgagee, 2,532,458,607 won (the bond amount is KRW 3,361,917,047, the maximum debt amount is KRW 4,400,000,000) in the third order as a mortgagee, and that Defendant AAA E-B Limited Co., Ltd. (hereinafter “Defendant A-B Limited”) in the third order as a transferee of the National Bank (hereinafter “National Bank”), a non-mortgaged party, the distribution schedule was prepared with the content of the dividends of KRW 365,107,350 (the bond amount is KRW 373,140,57,375,75,000).

B. On January 29, 2016, the Plaintiff appeared on the date of distribution of the instant auction, and raised an objection against KRW 63,969,129 among the dividends to Defendant A limited liability company and the dividends to Defendant A, and the same year.

2. 4. The instant lawsuit was filed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 7, purport of whole pleadings

2. A claim against a limited liability company to be transferred to the defendant;

A. According to the evidence Nos. 3 and 4 (including the number of pages; hereinafter the same shall apply), the following facts are recognized:

1) Defendant AD Limited Company shall sell other real estate owned by E around December 2015, which was prior to the preparation of the instant distribution schedule (around December 2015, hereinafter “existing auction”).

In the instant case, as a transferee of the National Bank, which is the mortgagee of the right to collateral security, the principal amounting to KRW 1,008,597,854, interest amounting to KRW 687,119,755, and the costing to KRW 63,969,129, etc. (a certified judicial scrivener who occurred while participating in the above auction, etc., and security service fees