beta
(영문) 수원지방법원 평택지원 2018.09.06 2017가단1771

배당이의

Text

1. It is prepared by the said court on February 15, 2017 with respect to the auction case of D's real estate in Suwon District Court.

Reasons

1. Basic facts

A. On September 18, 2012, the Plaintiff (Appointeds) and the designated parties (hereinafter referred to as “Plaintiffs”) completed the registration of ownership transfer with respect to KRW 4478 square meters of Pyeongtaek-si E Forest land and KRW 20694 square meters of F forest land (hereinafter “each of the instant real estate”).

B. On October 16, 2015, the Plaintiffs concluded a sales contract with G to set the sales price of KRW 550 million with respect to each of the instant real estate, and received only the down payment of KRW 55 million from G.

C. On October 16, 2015, the Plaintiffs heard from G the request that “the creation and delivery of a right to collateral security under the name of Defendant B” with respect to each of the instant real estate, and completed the registration of creation of a right to collateral security on October 16, 2015 to Defendant B with respect to each of the instant real estate, including the maximum debt amount of 8.4 billion won, and the debtor G with respect to each of the instant real estate (hereinafter “instant right to collateral security”); on March 3, 2016, Defendant B completed the registration of partial transfer of the right to collateral security on the ground of partial transfer of the right to collateral security on March 2, 2016.

Defendant B, based on the foregoing right to collateral security on February 29, 2016, filed an application for a voluntary auction of real estate with Suwon District Court D, which had been rendered on February 29, 2016. The decision of voluntary auction was rendered on February 29, 2016.

(hereinafter “instant auction”) e.

On the date of distribution implemented on February 15, 2017, the court of execution prepared a distribution schedule providing the Defendants with each of the amount of KRW 234,673,323 as a mortgagee, and each of the amount of KRW 48,047,627 as an owner of the surplus to the Plaintiffs.

(f) The Plaintiff A, H, and Plaintiff I’s representative appeared on the date of distribution and raised an objection to the entire amount of dividends to the Defendants.

[However, according to the record on the date of distribution, the plaintiffs are written as the "Appearance" and the plaintiff A and H are written as to the total amount of the defendants' dividends, but they are written as Gap Nos. 5, 10 through 13.