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(영문) 청주지방법원 제천지원 2017.02.08 2016가단20295

배당이의

Text

1. On March 14, 2016, the Cheongju District Court was drawn up by the above court with respect to the Cheongju District Court B’s auction of real estate.

Reasons

1. Basic facts

A. On November 6, 1998, the Defendant lent 30,000,000 won to C at an annual interest rate of 24% (hereinafter “the instant loan claim”). On November 17, 1998, C made the Defendant a registration of the establishment of a mortgage (hereinafter “the instant first collateral security right”) with respect to the land for Jeju-si factory and the above prefabricated-style prefabricated-style one-story neighborhood living facilities 99.12 square meters (hereinafter “each of the instant real property”) to the Defendant for the purpose of securing the above loan obligation on November 17, 1998.

B. On October 23, 2002, the Plaintiff obtained on October 23, 2002 from C the registration of creation of a neighboring mortgage (hereinafter “instant second-mortgage”) with respect to each of the instant real estate from C, and against E, the Plaintiff has a claim for damages for delay of KRW 146,901,924 (hereinafter “claim for Damages, etc.”) based on the judgment of the Seoul Central District Court 2007Da151373 case, including the amount of indemnity, and the amount of damages for delay of KRW 126,93,302 (hereinafter “claim for Damages, etc.”).

C. On June 22, 2015, the Cheongju District Court rendered a voluntary decision to commence the auction of the instant real estate B (hereinafter “instant auction”) with respect to each of the instant real estate.

After that, each of the instant real estate was sold to a third party, and on the date of distribution on March 14, 2016 of the instant auction procedure, a distribution schedule with the same content as the attached Table was prepared.

(hereinafter “instant distribution schedule”). D.

The Plaintiff appeared on the date of distribution of the instant case, and stated an objection against the total amount of dividends to the Defendant during the distribution schedule of the instant case.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts acknowledged in the above 1. Paragraph, the loans of this case, barring special circumstances, shall be established on November 6, 1998, which is the date of establishment of the loans of this case.