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(영문) 전주지방법원 2015.02.11 2013가합8211

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 14, 2006, the Plaintiff entered into a transfer agreement with C and Kim Jong-si D, E No. 1 1,227.6 square meters in a container of a general steel structure on the ground (hereinafter “instant real estate”) and low temperature storage, with a collateral limit of KRW 1,832,00,000 for machinery and equipment.

B. C completed registration of ownership preservation as of March 10, 2010, received on March 10, 2010, by the Jeonju District Court Kim Jong-dong Office.

C. On March 17, 2010 of the Jeonju District Court's decision on provisional disposition No. 2010Kahap140 on the instant real estate, the right to be preserved was the right to claim the execution of additional establishment registration of mortgage under the Factory and Mining Foundation Mortgage Act, and the provisional disposition registration that made the Plaintiff as the Plaintiff (hereinafter "the provisional disposition registration of this case") was completed.

On September 6, 2010, the Defendant seized the instant real estate on the grounds of delinquency in national tax, and entrusted the registration of entry into the seizure period, which was completed on September 6, 2010 by the Jeonju District Court Kim Jong-dong Office, which was received on September 6, 2010 (hereinafter “registration of seizure”).

E. On December 14, 2006, the Plaintiff completed the registration of transfer of ownership (hereinafter “instant registration of transfer of ownership”) under the Jeonju District Court Kim Jong-dong Office No. 19980, which received on August 26, 2011, due to the transfer of security agreement on the instant real estate.

F. The Plaintiff applied for an auction on the instant real estate. The Jeonju District Court, under A and B (combined), conducted the auction procedure on the instant real estate (hereinafter “instant auction procedure”). From among the amount of KRW 209,192,310, the amount to be actually distributed in the instant auction procedure, the Plaintiff prepared a distribution schedule with the content that the Plaintiff, who is the applicant creditor and the mortgagee, distributes the amount of KRW 189,464,089 to the Defendant, who is the holder of the right to seize and the right to deliver, and the amount of KRW 209,120 to Kim Jong-si, the holder of the right to deliver (the pertinent tax), and set up a distribution schedule with the content that distributes the amount of KRW 19,519,101 to the Plaintiff, who is the applicant creditor