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(영문) 대전지방법원 2016.03.24 2015가단14157

배당이의

Text

1. On April 22, 2015, the Daejeon District Court C and D (Dual) auction cases of real estate are prepared by the same court.

Reasons

1. Basic facts

A. On November 9, 2007, an apartment building listed in the attached list (hereinafter “the apartment of this case”) was registered for transfer of ownership in the name of E.

B. On December 6, 2011, the Plaintiff leased KRW 20,000,00 to E with interest rate of KRW 2.5% per month, 3.5% per month, 3.5% per annum, and due date for repayment on December 6, 2012. As a security, the Plaintiff completed the registration of establishment of a neighboring mortgage, which is the debtor, E-mortgage, for the instant apartment.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

E only paid interest until December 6, 2013 to the Plaintiff, and did not pay the following principal and interest of interest. On August 18, 2014, the Plaintiff received a voluntary decision to commence the auction on the instant apartment from the Daejeon District Court on August 18, 2014 to C on the instant apartment.

(hereinafter “instant auction procedure”). D.

After that, on September 15, 2014, the National Bank Co., Ltd. (hereinafter “National Bank”) received voluntary decision to commence the auction of the instant apartment from the Daejeon District Court.

E. On April 22, 2015, the Daejeon District Court, which caused the auction law, prepared the following distribution schedule in the instant auction procedure. On the same day, the Plaintiff appeared on the date of distribution and raised an objection against KRW 28,252,054 among the Defendant’s dividends, and filed a lawsuit of demurrer against the Defendant on April 23, 2015.

The creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based creditor-based dividends of KRW 11,051,400,000,000, in total of KRW 120,000,000, in total of KRW 281,051,404, KRW 120,000,000, in total of KRW 281,940,000, in the amount of credit of KRW 281,940,000, in the Dong-gu Daejeon Metropolitan City, the amount of dividends of KRW 123,128,160,00, in the amount of dividends of KRW 281,940, KRW 11,051,40,940, KRW 904,903,736.

F. As of April 22, 2015, the principal and interest of a loan that E has not paid to the Plaintiff is KRW 27,479,451 as follows.

20,000,000 won on December 7, 2013, when the interest rate period for the principal is the total of the interest rate period for the completion of the principal.