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(영문) 제주지방법원 2017.01.19 2016가합512

배당이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 21, 2010 with respect to the portion of 1/2 of each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) as indicated in the separate sheet, the joint container completed each registration of ownership transfer on January 6, 201 with respect to the remainder of 1/2 shares.

B. On January 6, 2011, with respect to each real estate of this case, the establishment registration of a mortgage of KRW 500 million with the maximum debt amount (hereinafter “the establishment registration of a mortgage of this case”) was completed to the Defendant.

C. On February 2012, creditors E applied for a compulsory auction on each of the instant real estate, and the Jeju District Court rendered a decision to commence compulsory auction on February 6, 2012.

(C) d.

Around April 2014, the Defendant applied for a voluntary auction of the instant real estate based on the registration of the establishment of the instant real estate, and the Jeju District Court rendered a voluntary auction decision on April 3, 2014.

(D) The compulsory auction under subsection (c) and the general term "instant auction procedure" (hereinafter referred to as "instant auction procedure").

On August 4, 2015, the Plaintiff received a seizure and collection order as to KRW 500 million out of the amount to be distributed during the instant auction procedure. On August 6, 2015, the Plaintiff served the Republic of Korea, which is a third debtor, with the seizure and collection order as to the said amount.

F. Of the amount to be actually distributed on April 29, 2016, Jeju District Court drafted the instant distribution schedule in that: (a) KRW 525,068,493 to the Defendant, the mortgagee and the person holding double seizure; (b) KRW 525,068,493 to the Defendant, the person holding double seizure; and (c) KRW 500 million to the sexual hotel hotel, the person holding double seizure; and (d) KRW 132,540,043 of surplus in the daily container.

The Plaintiff, on May 3, 2016, filed the instant lawsuit of demurrer against the distribution of all the Defendant’s claim amount and the amount of dividends.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s first-aid contact prevents a third party from exercising the right on each real estate of this case, which is a business site, while running the new construction and sale business of accommodation facilities.