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(영문) 수원지방법원 2016.12.15 2016가단28244

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on June 28, 1996 with respect to land D (hereinafter “instant land”).

On March 22, 2007, regarding the land of this case, the debtor C, the mortgagee, the defendant, the maximum debt amount of 546,00,000, and the superficies of the defendant were established.

On April 9, 2007, regarding the above land, the right to collateral security was respectively set up on March 5, 2009, for the debtor C, mortgagee E, maximum debt amount of 30,000,000 won, and on March 5, 2009, for the debtor C, mortgagee E, and maximum debt amount of 400,000,000, respectively.

B. As to the instant land on February 23, 2010, the right to collateral security was established, which is the debtor F, the mortgagee, the defendant, the maximum debt amount of 700,000,000, and the former registration of collateral security was revoked on March 5, 2010.

With respect to the instant land on June 9, 2010, the debtor F, the mortgagee, the defendant, the maximum debt amount, 630,000,000, which is the right to collateral security, as of February 23, 2010;

6. 9. The collective security right of this case refers to the collective security right of this case, hereinafter referred to as the "mortgage of this case").

(c) G Co., Ltd. (hereinafter referred to as “G”).

(D) On May 18, 2011, the Defendant completed the registration of ownership transfer of the instant land. D. The Defendant applied for voluntary auction of the instant land, and on February 24, 2015, voluntarily decided to commence auction (hereinafter “instant auction procedure”).

(E) On the other hand, the Plaintiff filed an application for dividend in the instant auction procedure with respect to wages and retirement allowances not paid after retirement while serving in G. In the instant auction procedure, the Suwon District Court: (a) in the instant auction procedure, distributes all KRW 539,341,571 to the Defendant (hereinafter “instant dividend table”).

was drawn up.

The plaintiff appeared on the date of the above distribution and raised an objection against KRW 14,855,540, which corresponds to the wages with the highest priority repayment right of the plaintiff among the amount of dividends against the defendant.