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(영문) 대전지방법원논산지원 2016.04.28 2015가단20882

배당이의

Text

1. Of the distribution schedule prepared on June 5, 2015 by the court with respect to the auction case of the real estate B located in the Daejeon District Court Seosan Branch B.

Reasons

Basic Facts

(2) On June 27, 2003, the Plaintiff: (a) on June 27, 2003, on June 27, 2003, based on C’s claim for joint and several surety, the Plaintiff entered into a provisional attachment order (Seoul District Court Decision 2003Kadan141880) on the provisional attachment order (hereinafter “the instant real estate”) on the E-mail 1,197 square meters (hereinafter “the instant real property”), and on July 1, 2003, the provisional attachment registration was entered on July 1, 2003.

3) In the case of the claim for reimbursement against the Plaintiff for the Incheon District Court Decision 2007Gaso237234, the above court decided on August 30, 2007 that “C shall pay to the Plaintiff 57,688,971 won and 14,115,303 won among them at the rate of 20% per annum from August 4, 2007 to the date of full payment.” The above decision was finalized on September 21, 2007. The establishment and transfer of the instant right to collateral security became final and conclusive on August 19, 207. 1) F completed the registration of the establishment of the neighboring mortgage consisting of FF, debtor D, maximum debt amount of KRW 1,000,000 on the instant real estate owned by the Plaintiff for the same day.

(2) On June 26, 2014, F registered the establishment of the instant collateral security (hereinafter “instant collateral security”) by reducing the maximum debt amount of the instant collateral security to 60 million won. On June 26, 2014, the Defendant completed the additional registration on the instant real estate on June 26, 2014, on the ground of the transfer of confirmed claim (hereinafter “instant collateral security transfer registration”).

(1) On July 4, 2014, the Defendant filed an application for voluntary auction of the instant real estate based on the instant collateral security (right to collateral security) and on July 7, 2014.