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(영문) 대전지방법원홍성지원 2015.01.15 2014가합335

배당이의

Text

1. On February 19, 2014, the Daejeon District Court rendered Red Branch C and D (Dual) compulsory auction cases for real estate.

Reasons

1. Basic facts

A. E jointly owned a total of 1/2 shares (i.e., 1/3 shares) among F 321 square meters (hereinafter “instant real estate”). However, on May 25, 1998, Defendant B completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the said 1/6 shares among the instant real estate, KRW 350,000,000, and KRW 350,000 with respect to the said 1/6 shares among the instant real property, and KRW 321 square meters with respect to the obligor E.

B. Defendant A filed an application with the Daejeon District Court for a payment order against Party A seeking the payment of loans as of March 15, 2002, the Daejeon District Court Hongsung Branch Order 201j865, and on November 29, 2011, the said court ordered the Defendant A to pay KRW 1,164,278,688, and KRW 310,000,000 per annum for KRW 30 per annum from November 22, 2011 to the date of full payment, and the said payment order was finalized on December 16, 2011.

C. The Plaintiff filed a lawsuit against E, etc. seeking the payment of indemnity on the ground of subrogation by the Plaintiff under a credit guarantee agreement as the Daejeon District Court 2010Kadan59131, and the above court rendered a judgment on September 8, 2011 that “The Defendant jointly and severally pays to the Plaintiff 18% interest per annum for KRW 321,437,819 and KRW 80,427,484 from May 25, 2000 and KRW 80,427,48,803 from April 28, 200 to the date of full payment,” and the above judgment became final and conclusive as is.

On February 19, 2014, the date of distribution, the following distribution schedule (hereinafter “instant distribution schedule”) was prepared on February 19, 2014 in the case of Hongsung branch court of the Daejeon District Court, D (Duals) and the compulsory auction of real estate, where the said final judgment was made as executive title, the Plaintiff filed an application for compulsory auction with respect to E-1/2 shares among the instant real estate.

Defendant B 67,346,528 100, 67,346,528 100, 346,528 2 Hong-gun 3,4602, 100,460 3,460 3,460 3,460 3 National Health Insurance Corporation 180,690.