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(영문) 전주지방법원 2014.12.16 2013가단19535

배당이의

Text

1. On May 30, 2013, the distribution schedule prepared by the Jeonju District Court J and K (Dual) on the auction case of real estate.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “dividend No. 1”) is owned by L Co., Ltd. (hereinafter “L”). On October 20, 2010, the registration of the establishment of a mortgage for the plaintiff, a mortgagee, was completed for the joint security of the first priority. Each real estate listed in the separate sheet Nos. 3 and 4 (hereinafter “Distribution No. 2”) is owned by N. 3. The registration of the establishment of a mortgage for the former bank was completed on August 14, 201, following the first priority registration of the establishment of a mortgage for the former bank on August 19, 201.

B. On May 1, 2012, L was subject to seizure of corporeal movables within L, and its business was suspended on May 3, 2012.

C. On June 29, 2012, the Plaintiff filed an application for the commencement of voluntary auction against each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and received a voluntary decision on commencement of auction from the Jeonju District Court on June 29, 2012. As each of the instant real estate was successful, the Jeonju District Court prepared a distribution schedule on May 30, 2013 that the Plaintiff and the Defendants distribute the same amount as that of the separate sheet for distribution on the following grounds. The Plaintiff filed an objection against the Defendants on the date of distribution on the same date, and filed a lawsuit of demurrer against the distribution on June 5, 2013.

1) Defendant A distributes 7,500,000 won to Defendant A as the lessee of the commercial small amount of commercial building No. 1. 2) to Defendant B as the lessee of the commercial building No. 1 of the dividend article No. 1.

3) Defendant C distributes to Defendant C the total amount of KRW 10,500,000 as the lessee of the commercial building value of KRW 7,500,000 and the total of KRW 17,50,000 as the lessee of the commercial building value of KRW 2.4).