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(영문) 인천지방법원 2019.11.28 2019가단205649

배당이의

Text

1. A distribution table prepared by the above court on January 29, 2019 with respect to the case of the auction of real estate in Incheon District Court D or E (Dual).

Reasons

1. Facts of recognition;

A. The Seo-gu Incheon Metropolitan Government F apartment G (hereinafter “instant real estate”) owned H. On January 10, 2018, the establishment registration of a mortgage (hereinafter “mortgage 1”) was completed on the grounds of the mortgage agreement (hereinafter “mortgage 1”) with the maximum debt amount of KRW 150 million on January 11, 2018, and the establishment registration of a mortgage (hereinafter “mortgage 1”) was completed on February 8, 2018. On February 8, 2018, the mortgage agreement was completed on the ground of the mortgage agreement with the maximum debt amount of KRW 80 million on February 8, 2018, the debtor I, and the debtor I, and the creditor (hereinafter “mortgage 2”).

B. The Plaintiff (Withdrawal) A limited liability company (hereinafter “Plaintiff A”) filed an application for provisional attachment of real estate amounting to one billion won with respect to the instant real estate with the Seoul Central District Court Decision 2018Kadan605742, and completed the decision of acceptance on April 24, 2018, and completed the same date entry registration in accordance with the said provisional attachment decision.

Plaintiff

B A limited liability company (hereinafter “Plaintiff B”) filed an application for provisional seizure of real estate amounting to KRW 400 million with respect to the instant real estate with the Seoul Central District Court 2018Kadan805740, and completed the decision of acceptance on April 25, 2018, and completed the same date entry registration in accordance with the provisional seizure decision.

C. As to the instant real estate, the Defendant filed an application for a voluntary auction of real estate with the Incheon District Court D, and received a voluntary decision to commence the auction on March 28, 2018.

The Industrial Bank of Korea, the senior mortgagee of the instant real estate, filed an application for a voluntary auction of real estate with the same court E, and received a voluntary decision to commence auction on May 21, 2018.

When the instant real estate was sold in the case of the auction of real estate in Incheon District Court D or E (Dual Real Estate), the same court shall set forth the amount of KRW 536,288,027 to be actually distributed on January 29, 2019 as KRW 981,340 in Seo-gu Incheon Metropolitan City, Incheon Metropolitan City, and KRW 347,464,105 to the J-based Limited Company (Industrial Bank of Korea prior to transfer) of the second mortgagee.