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(영문) 부산지방법원 2015.08.13 2014가단93756

배당이의

Text

1. A distribution schedule prepared on November 26, 2014 by the court concerning the compulsory auction of real estate in Busan District Court I and J (combined).

Reasons

Basic Facts

The Plaintiff and K have completed the registration of ownership transfer on April 12, 2010 with respect to the housing of 47.8 square meters and 39.67 square meters on the two-storys of 171.9 square meters in Seo-gu, Busan and 171.9 square meters in Busan and 514 on its ground, and the housing of 47.8 square meters in each floor and 2-story 39.67 square meters in each of the above real estate (hereinafter “instant real estate”). < Amended by Presidential Decree No. 22143, Apr. 16, 2010>

On April 16, 2010, the Plaintiff completed the registration of the establishment of a mortgage to the cooperative of the instant case, which was the maximum debt amount of KRW 1.4 billion, the debtor, and the mortgagee of the instant mortgage, on the grounds of the contract to establish the instant real estate on the same day.

On July 2, 2013, at the request of Defendant D, K rendered a decision to commence compulsory auction on the share of the father-dong of the instant case by this court (I of this court) and upon the request of the cooperative of this case, the decision to commence voluntary auction on December 9, 2013 on the whole of the instant real estate was rendered.

(J) The above procedure was conducted in combination.

(hereinafter referred to as “instant auction procedure.” At the instant auction procedure, the distribution procedure was commenced regarding KRW 125,024,313 after deducting the execution cost, etc. from the sale price of the instant real estate, and on November 26, 2014, the distribution schedule was formulated with the content that the Defendants received dividends as indicated below as the second-class mortgagee.

(hereinafter “instant distribution schedule”). On the date of distribution implemented on the same day, the Plaintiff appeared and raised an objection against the total amount of the Defendants’ dividends, and the Plaintiff filed the instant lawsuit on December 2, 2014.

The obligee held that Defendant C’s Defendant D’s Defendant D’s Defendant D’s Defendant G Defendant G F’s principal amounted to KRW 2,000,000,000 10,000,0000 20,000,0000,0000 5,000,000,0000 20,0000,0000 20,0000,000 80,000,000 00 00,000 interest of KRW 17,397,521.