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(영문) 부산지방법원동부지원 2019.09.05 2017가단11270

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A list of the separate sheet owned by Nonparty D Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “Nonindicted Company”) and F

1. An annexed list concerning the real estate recorded (hereinafter “instant real estate”)

2. The mortgagee, who completed the registration of creation of a new mortgage on four occasions as stated above, applied for a voluntary auction to exercise the security right to the instant real estate as Busan District Court Branch C of the Dong Branch C.

B. Meanwhile, on December 29, 2009, Defendant Korea Technology Finance Corporation subrogated the Plaintiff with the debt amount of KRW 311,747,156 of the non-party company on the part of the Plaintiff, and completed the registration of partial transfer of the right to collateral security based on the subrogation for part of the confirmed claim on December 29, 2009.

In addition, on December 30, 2009, the defendant Credit Guarantee Fund subrogated to the plaintiff for KRW 80,690,410 of the non-party company's debt, and completed the registration of partial transfer of the right to collateral security on December 30, 2009, which was based on partial subrogation for the non-party company's debt amounting to KRW 80,690,410 on January 14, 2010.

C. On September 27, 2017, this Court prepared a distribution schedule of KRW 4,621,491,436 which deducts KRW 17,539,164 of the enforcement cost from KRW 17,532,60,952,272 which is to be distributed to the Plaintiff among KRW 4,603,952,952,272 which is to be distributed to the Plaintiff, with the second priority of the distribution order, KRW 1,00,000 in the third priority, and KRW 720,000 in the fourth priority, and KRW 503,975,577 of the Plaintiff’s remaining claims, and KRW 367,562,434 (4), and KRW 6 (4),747,156,1566,806,90 in the second priority of the distribution order to the Defendant and the Korea Credit Guarantee Fund, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff and the defendants are satisfied.