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(영문) 광주지방법원 2016.07.07 2015가단48547

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 19, 201, the plaintiff filed a lawsuit for the claim for indemnity amount of 99 Ghana against the non-party C. According to the court's ruling that "the defendant shall pay to the plaintiff 17,337,908 won and 17,140,673 won among them at a rate of 21% per annum from December 14, 1998 to the date of complete payment", the auction of real estate stated in the attached list C (hereinafter referred to as "the real estate of this case") was affirmed. The auction court held the distribution date of 129,212,243 won by opening the date of distribution on November 4, 2015, and suspended the distribution of dividends of 129,200 won to the lessee, EF, and 17,140,673 won to the plaintiff, who is the non-party of this case, and made the distribution schedule of 203 won to the defendant under the order of priority among the parties to the distribution schedule.

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that it is improper to distribute the amount to the defendant on the basis of the extinctive prescription for the secured obligation of the establishment registration of a neighboring mortgage in the name of the defendant, which was completed on the real estate of this case, should be cancelled.

According to each of the above evidence, the establishment registration of a neighboring establishment in the name of the defendant, which was completed in the real estate of this case, for the purpose of securing the secured obligation established on September 7, 1995. Thus, the above secured obligation has expired on September 7, 2005, since 10 years from September 7, 1995.

B. The defendant's defense.