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(영문) 전주지방법원군산지원 2019.05.28 2018가단53113

배당이의

Text

1. A distribution schedule prepared on May 3, 2018 by the preceding district court with respect to the auction cases of real estate C in the military court of the preceding district court.

Reasons

Basic Facts

The plaintiff filed a lawsuit against D with the Jeonju District Court Decision 2009Gaso6879, Dasan District Court 2009, and the same court rendered a judgment on June 24, 2009 that "D shall pay KRW 9,337,327 to the plaintiff" and the above judgment became final and conclusive around that time.

(A) The Plaintiff filed a lawsuit against D to seek payment of another amount of reimbursement under the former District Court Decision 201Gaso9682 (hereinafter “instant Claim No. 1”). On February 8, 2011, the same court rendered a decision of performance recommendation on “D shall pay to the Plaintiff KRW 33,278,30 and delay damages for KRW 10,576,213 among the KRW 33,278,30 and KRW 10,576,213.” The decision of performance recommendation was finalized around that time.

(B) The Plaintiff, on January 15, 200, provisionally seized the instant real estate, with the amount claimed as KRW 4,208,94, based on the instant claim No. 1, as indicated in the separate sheet (hereinafter “instant real estate”). D owned real estate (hereinafter “instant real estate”). However, on February 12, 199, the Plaintiff’s claim amount based on the instant claim No. 1 was KRW 4,208,94, and on January 15, 200, with the amount claimed as the instant claim No. 2 as KRW 11,41,222.

On the other hand, on February 16, 1995, D completed the joint establishment registration of a mortgage with the debtor E and the mortgagee F and the maximum debt amount of 130,000,000 won as to the instant real property.

(B) The debtor of the instant right to collateral security was changed to a limited company G (hereinafter “G”) on March 25, 1996. The creditor of the instant right to collateral security was a company H, I, J, K, L, and M for the same month on May 1, 2017.

4. The alteration of the defendant was registered.

On July 7, 2017, the Defendant received a voluntary decision to commence the auction on the instant real estate from the Jeonju District Court Gunsan Branch C.

The plaintiff is the principal and principal of the claim 1 in the above voluntary auction procedure.