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(영문) 광주지방법원 2017.09.27 2017가단503819

배당이의

Text

1. Of the distribution schedule prepared by the said court on February 7, 2017, against the Plaintiff in relation to the distribution procedure for Gwangju District Court B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim and its-based compulsory execution (i.e., the Plaintiff has a claim based on the payment order (2014 tea 8827) finalized against D.

The Plaintiff rendered a collection order on September 17, 2015 with respect to the share of F and G ownership in Seo-gu, Seo-gu, Gwangju, 102, 312, as to the share of ownership in Seo-gu, Gwangju District Court (hereinafter “instant collateral security claim”), which was concluded by the registration office of the Gwangju District Court on December 4, 2013 as the collateral security contract (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) which was concluded by the receipt of No. 24176 on November 29, 2013 and the maximum debt amount of 15,00,000 won (hereinafter “instant claim”). The entry registration was completed on October 6, 2015. < Amended by Act No. 13582, Sep. 17, 2015>

Article 22(1) of the Act on the Preservation and Collection Order, respectively, was served on the third debtor F on September 21, 2015, and on September 30, 2015 on the third debtor G.

B. On January 7, 2015, a notary public, stating the purport of recognizing compulsory execution as to the Defendant’s claim and the compulsory execution based thereon, KRW 80,000,00 (for loans, KRW 50,000 per annum, 5% per annum, interest rate for delay delay, 20% per annum, and 20% per annum; hereinafter “instant loans”), was drafted on January 8, 2015 by the No. 75, the No. 2015 (hereinafter “No. notarial deed of this case”).

B. On September 24, 2015, the Defendant filed an application for the seizure and collection order with respect to the instant collateral security claim based on the instant notarial deed, and rendered a judgment of seizure and collection order on September 30, 2015, and the entry registration was completed on November 30, 2015.

Article 25(1) of the Civil Code No. 206(3) of the Civil Code No. 2015(3) of the Civil Code No. 2016(3) of the Civil Code No. 2016(3) of the Civil Code No. 2010

C. As to each of the above collection orders, KRW 15,00,216 (15,00,216) deposited each of the above collection orders with the Gwangju District Court 2016Hun6880, and KRW 2,489,322 (2), respectively, with the Gwangju District Court 2016Hun-6881.

D. The execution court in the distribution procedure for the Complemented deposit was 4,319,143 won to the plaintiff.