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(영문) 울산지방법원 2018.05.15 2017가단12775

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 7, 2016, the Plaintiff entered into a mortgage agreement with F to the effect that the debtor and the mortgagee of the right to collateral security, the Plaintiff, and the maximum debt amount shall be KRW 300 million (hereinafter “instant mortgage agreement”) with respect to the real estate indicated in the [Attachment], which is owned by F (hereinafter “instant real estate”), and on the ground thereof, the Plaintiff registered the establishment of the right to collateral security as the Ulsan District Court No. 3241, Jan. 7, 2016.

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

On July 31, 2017, the court of execution prepared a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) that distributes 24 million won to Defendant C, the mortgagee of the right to collateral security, in the first order among the amount to be actually distributed on July 31, 2017, the date of distribution, which is KRW 1,892,33,144, and KRW 246,543 to Defendant C, the mortgagee of the right to collateral security, and KRW 240,000 to G, the mortgagee of the right to collateral security, and KRW 1,347,196,814 to the Busan Metropolitan City B Association, the right to collateral security, in the second order, KRW 36,639,787 to the Plaintiff, the mortgagee of the right to collateral security, and KRW 36,639,787 to the Defendant, the right to collateral security, in the third order.

C. The Plaintiff’s agent appeared on the date of distribution and raised an objection against KRW 21,769,473 out of the amount of dividends against Defendant C C, 119,590,740 out of the amount of dividends of the Association B in Ulsan Metropolitan City, Ulsan Metropolitan City, and KRW 2,00,000 out of the amount of dividends of Defendant C. The Plaintiff’s agent filed a lawsuit of demurrer against distribution within the period of filing a lawsuit of demurrer against distribution.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, 2, 3-2, Eul evidence 3, and the purport before oral argument

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) The husband of F of the instant real estate owner F was trying to operate the camping site on the said real estate, but the Plaintiff was faced with financial difficulties, and the Plaintiff paid the overdue interest for the loans of the financial institution by only J, which is a regular manager of the Defendant Union, and F, before lending KRW 200 million to F.