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(영문) 수원지방법원여주지원 2015.07.08 2014가단7157

배당이의

Text

1. A distribution schedule prepared on July 2, 2014 by the above court with respect to the compulsory auction case B real estate in Suwon District Court credit B.

Reasons

1. Basic facts

A. On April 5, 2006, the Korea Asset Management Corporation filed a lawsuit against C against the Seoul Central District Court 2006Gahap7483, and sentenced that "the defendant (C) shall pay to the plaintiff (Korea Asset Management Corporation) 243,749,688 won and the amount at the rate of 20% per annum from February 4, 2006 to the date of full payment." The above judgment is the same year.

7.1. Finality has been established.

B. The Plaintiff acquired a claim based on the above final judgment against C from the Korea Asset Management Corporation, and was granted a succession execution clause, and a certified copy of the succeeded execution clause was served on C on February 19, 2013.

C. Meanwhile, with respect to the Gyeonggi-do Yangyang-gun D (hereinafter “the instant real estate”), which was owned by C, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed on August 6, 1997 by the Suwon District Court, the Suwon District Court, the debtor C, and the mortgagee as the defendant on the maximum debt amount of KRW 50 million, and the debtor as the defendant on August 29, 1997, No. 19236, which was received on August 6, 1997, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed on June 5, 2014. The decision of commencement of compulsory sale was made on April 18, 2013 by the Suwon District Court B, which was made on the application of the plaintiff, and was revoked on the ground of a compulsory sale by compulsory auction (the ownership transfer to a third party on June 5, 2014).

On July 2, 2014, the Plaintiff appeared on the date of distribution in the case B real estate compulsory auction (EE consolidation), and raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on July 9, 2014.

E. Meanwhile, the Plaintiff filed a lawsuit against the Defendant for cancellation of the registration of the establishment of a mortgage on August 20, 2014 by filing a lawsuit for cancellation of the registration of the establishment of a mortgage with the Suwon District Court Branch Branching 2013da9538, and comprehensively taking account of the following: (a) the relationship between the Defendant and C in favor of the Defendant on August 20, 2014; and (b) the amount of the claim, despite the fact that the Defendant borrowed money to C, there is no objective