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(영문) 대구지방법원서부지원 2020.02.13 2019가단2036

배당이의

Text

1. It was prepared on March 7, 2019 by the said court with respect to voluntary auction cases of real estate D with Seogu District Court Branch D.

Reasons

1. Preparation of the distribution schedule of this case;

A. On April 11, 2003, the bankruptcy trustee of the bankrupt E Union filed against F, G, and H in Daegu District Court Decision 2002Gau219703, the Court rendered a judgment that “the Defendant shall jointly and severally pay to the Plaintiff the amount of KRW 10,00,000 and the amount calculated at the rate of 22% per annum from April 10, 1996 to the date of full payment,” and this judgment became final and conclusive on May 11, 2003.

B. On September 25, 2003, the Plaintiff received the claim pursuant to the above judgment, and the notification of the assignment of the claim was lawfully made to H.

C. On July 10, 2008, the Plaintiff filed an application for provisional seizure of H’s attached real estate (hereinafter “instant real estate”) with the Daegu District Court for the provisional seizure order (the amount claimed: KRW 35,204,382) on July 10, 2008. The provisional seizure registration was completed on the same day.

Meanwhile, with respect to the instant real estate, the Defendant concluded a mortgage contract with H on November 18, 1998 with the maximum debt amount of KRW 25,00,000,000, and completed the establishment registration of a mortgage on the same day, and concluded a mortgage contract with H on March 11, 2008 with the maximum debt amount of KRW 30,000,000, and completed the establishment registration of a mortgage on the same day.

(hereinafter “each of the instant collateral security”). E.

On March 20, 2018, the IF and the JF applied for a voluntary auction (hereinafter “instant auction procedure”) with respect to the instant real estate as Seo-Support D by the Daegu District Court.

F. H, the owner of the instant real estate, is delegated by the Defendant, the respective right to collateral security in the instant auction procedure, with a loan certificate of Chapter 2 (hereinafter “each of the instant loan certificates”) as follows: (i) the principal of KRW 55,000,000 ( KRW 30,000,000) and delay damages of KRW 22,140,000,000, the principal of KRW 30,000.