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(영문) 대구지방법원 경주지원 2017.01.17 2015가단13860

배당이의

Text

1. In the case of application for the auction of the real estate B, Daegu District Court and its racing support, the said court shall prepare on November 11, 2015.

Reasons

Basic Facts

The following facts may be acknowledged, either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 8 (including the serial number) and the whole purport of the pleadings:

The Plaintiff filed a lawsuit against C (hereinafter referred to as “C”) for the claim for reimbursement against the Daegu District Court Branch of 2004Kadan3756.

On August 26, 2004, the above court rendered a judgment that "C shall pay to the Plaintiff 35,944,109 won and 29,000,000 won among them, 19% per annum from March 9, 2004 to August 7, 2004, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on September 16, 2004.

B. The Plaintiff received a claim attachment and collection order from the Daegu District Court 201TTT 23735 with respect to the claim against the Korea Asset Management Corporation, and received dividends of KRW 33,05,100 on October 12, 2012 in the distribution procedure for the said claim. As a result, the Plaintiff appropriated dividends of KRW 33,056,521 during the compulsory auction procedure for real estate owned by C and appropriated it for the Plaintiff’s repayment of the Plaintiff’s claim, then the Plaintiff’s remaining claim against C was KRW 6,922,350.

C. On the other hand, on September 17, 2004, the Plaintiff received a decision on provisional seizure of real estate under the Daegu District Court Port Branching 2004Kadan5749 with the claimed amount of KRW 29,00,000,000 against the F loan No. 304 on three parcels, E and 3,00,000 (hereinafter “instant building”).

On August 14, 1997, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) against the instant building, the maximum debt amount of KRW 40,000,000, and the debtor C and the mortgagee as the defendant.

E. On September 11, 2014, the Daegu District Court rendered a voluntary decision to commence the auction on the instant building B.

On November 11, 2015, the above court prepared a distribution schedule with the content that distributes KRW 17,497,792 to the Defendant as a third-class mortgagee of the distribution ranking on the date of distribution of the instant building, and the Plaintiff was on the said date of distribution.