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(영문) 대구지방법원 2017.02.23 2016가단10268

배당이의

Text

1. Of the distribution schedule prepared on March 25, 2016 by the said court concerning the distribution procedure for the auction of the real estate B in Daegu District Court.

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation of the Gyeongbuk Mutual Savings and Finance Company, a bankrupt, filed a lawsuit claiming damages against the executive officers, including Nonparty C, for the purpose of claiming unjust loans, etc., with the Daegu District Court 2004Gahap17294, which became final and conclusive in the lawsuit above, that Nonparty C shall pay a total of KRW 500 million and delay damages to the bankruptcy trustee.

For the interruption of extinctive prescription, the Plaintiff applied for a payment order with Daegu District Court 2015 tea30670 to the Plaintiff, and Nonparty C received an order to pay the Plaintiff a total of KRW 500 million and damages for delay. The said order was finalized on October 1, 2015.

B. C is the Defendant’s wife, and on February 21, 1998, the registration of the establishment of a mortgage (hereinafter “instant land”) was completed by the Daegu District Court No. 2301, which was received on February 21, 1998, as to the land B B, E, F, G, H, H, and I (hereinafter “instant land”) owned by the Defendant, the Defendant of the collective security right, the obligor J (C), the maximum debt amount of KRW 150,000,000, as the registration of the establishment of a mortgage (2302, which was received on the same day as the registration date, as the registration date of the establishment of a mortgage (hereinafter “mortgage”).

(hereinafter the above two mortgages are referred to as the "mortgage of this case"). C.

In 209, part of the instant lands were incorporated into the K Road Project implemented by the Gyeongbuk-do. On September 15, 2014, the Defendant was issued an order for the attachment and assignment of the claim for land compensation claims under C by subrogation of the instant right to collateral security against the land compensation claims under the Daegu District Court 2014TTTTTTT13696, and the Defendant received the payment of KRW 115,463,244 in the Daegu District Court distribution procedure case on December 18, 2014.

The defendant filed a request for auction to enforce the instant right to collateral security with Daegu District Court B, and on March 25, 2016, the defendant 104,536,756 won, and on March 25, 2016, 50,00 with the provisional seizure creditor Deposit Insurance Corporation.