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(영문) 대구지방법원포항지원 2019.11.14 2019가단102367

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 27, 2010, C established the right to collateral security (hereinafter “right to collateral security”) with respect to the Embrye Embae-gu, Daegu, Daegu, Inc., Ltd. on May 27, 2010. The right to collateral security was established on July 10, 2013, H, October 30, 2013, I, and on July 3, 2018, the registration of transfer was completed in sequence to the Defendant on July 3, 2018.2) regarding the I’s right to collateral security, ① the claim amount was entered as KRW 171,575,481 (the claim amount against the right to collateral security as to the above real estate was KRW 42,89,871) as the provisional attachment decision of Seoul Western District Court on December 14, 2016, KRW 2016, KRW 353509 (the claim amount as to the right to collateral security was entered as Seoul High Court on March 16, 20167.7.7.7.

B. 1) On December 11, 2013, based on I’s right to collateral security, K voluntarily decided to commence the auction of the above real estate. C deposited the amount of KRW 80 million from Daegu District Court Port Branch Branch Office 2018 to KRW 726, July 13, 2018, and on October 29, 2018, C’s objection was accepted, and the registration of the voluntary decision to commence the auction was cancelled on December 21, 2018. 2) On the basis of the payment order finalized on October 16, 2018, J received the distribution procedure stated in the purport of the claim against the above deposit as to KRW 1,3 debtor on the basis of the payment order that became final and conclusive on July 13, 2018, and the Plaintiff received the provisional attachment order from the Daegu District Court 2018 and KRW 201845 and KRW 329,529,201, and the Plaintiff received the above order to collect the above deposit from the Korea District Court 3.

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