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(영문) 인천지방법원 2020.06.05 2019나56077

배당이의

Text

1.The judgment of the first instance shall be modified as follows:

The auction of real estate in Busan District Court C and D (Dual) shall be held.

Reasons

1. Basic facts

A. Each registration of the instant land 1) E was divided into 1,653 square meters before F on September 8, 2004 (i.e., Kimpo-si on April 15, 2010), which part of which was divided into 13 square meters before G.

The remaining 1,640 square meters before the division shall be referred to as the “instant land.”

(2) On May 14, 2010, E acquired ownership by paying the purchase price as the purchaser in the voluntary auction procedure, and completed the registration of ownership transfer in its future on May 13, 2010. (2) On May 14, 2010, E completed the registration of ownership transfer on the instant land and the said G land, the establishment of a mortgage (hereinafter the said collateral security was referred to as the “mortgage”) with respect to the Defendant, based on the contract establishing a mortgage as of May 13, 2010, the maximum debt amount was KRW 400,000,000, and the debtor’s neighboring mortgage registered as E (hereinafter referred to as the “mortgage creation”).

3) As to the instant land on September 9, 2016, E means the Plaintiff’s registration of creation of a mortgage (hereinafter “registration of creation of a mortgage around the Plaintiff”) with the maximum debt amount of KRW 130,000,000, and the debtor’s registration of creation of a mortgage on the land of this case as of September 8, 2016.

B) The Plaintiff’s decision to commence the auction of the instant land was completed on June 9, 2017 upon the Defendant’s application for voluntary auction in the case of the Plaintiff’s objection to the distribution against the Defendant (1) Incheon District Court Branch Branch of the Incheon District Court, upon the Defendant’s application for voluntary auction of the instant land, and the registration of the entry was completed on the same day. The decision to commence the auction of the instant land was completed on September 29, 2017 upon the Plaintiff’s application for voluntary auction in the same court D (Dual) case of the Plaintiff’s application for the auction of real estate rent in the same court D (Dual).

2) On February 22, 2018, the said auction court: (a) on the second order on the date of open distribution on February 22, 2018, distributes to the Defendant (the applicant creditor) the total amount of KRW 400,000,000 to the maximum debt amount; and (b) in the sixth order, to the Plaintiff (the mortgagee) the amount of KRW 10,006,613 out of the maximum debt amount of KRW 130,00,000 to the Plaintiff (hereinafter “instant distribution schedule”).

The Plaintiff prepared a suit. The Plaintiff stated an objection against KRW 310,00,000 out of the Defendant’s dividend amount, and thereafter filed the suit in this case. (No dispute over grounds for recognition exists.)