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(영문) 대전지방법원홍성지원 2014.11.26 2014가단2495

배당이의

Text

1. The Daejeon District Court drawn up on March 12, 2014 with respect to the auction case of the real estate rent C, which was drawn up by the said court.

Reasons

1. Basic facts

A. The Plaintiff (1) filed a lawsuit against D as Seoul Central District Court Decision 2008Da3014528, Dec. 11, 2008, the Plaintiff (Seoul Central District Court Decision 2008Da301528, that “D shall pay to the Plaintiff an amount equivalent to 27% per annum from October 27, 1998 to the date of full payment,” and the said decision on performance recommendation was finalized on January 1, 2009.

(2) In addition, the Plaintiff’s provisional attachment of KRW 39,645,170,00 as to the claim amount of KRW 2,598 square meters (hereinafter “instant real estate”) in Boan-si, Boan-si, Seoul, by Hongsung District Court 2007Kadan110595, based on the above claim against D, based on the separate claim against D.

B. (1) On April 17, 1999, Defendant A entered into a mortgage agreement with the debtor D, the mortgagee A, the maximum debt amount of KRW 30,000,00 with respect to the instant real estate, and completed the registration of the establishment of a collateral security (hereinafter “the first collateral security”) with the Daejeon District Court Order 7710, which received on April 19, 199.

(2) On January 5, 2012, Defendant B entered into a mortgage agreement with the debtor FF, mortgagee B, Defendant B, and the maximum debt amount of KRW 15,00,000 with respect to the share of 2/3 of the instant real estate, and completed the registration of the establishment of a neighboring mortgage (hereinafter “second neighboring mortgage”) as the receipt No. 1185 on January 16, 2012.

C. After the auction and distribution of the instant real estate, the Daejeon District Court: (a) prepared a distribution schedule to distribute the amount of KRW 30,000,00 to Defendant A; (b) the amount of KRW 5,872,942 to Defendant B; and (c) the amount of KRW 23,794,39 to the Plaintiff, which was distributed to the Plaintiff, on March 12, 2014; and (b) the Plaintiff appeared on the date of the said distribution and raised an objection to the entire amount of dividends to the Defendants.

[Ground of recognition] There is no dispute.