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(영문) 인천지방법원 2019.11.06 2019가단205588

배당이의

Text

1. A distribution table prepared by the same court on January 29, 2019 with respect to the auction case of the Incheon District Court B and C (Dual) real estate.

Reasons

1. Facts of recognition;

A. The Seo-gu Incheon Metropolitan Government D apartment E (hereinafter “instant real estate”) was F’s ownership. On January 10, 2018, the establishment registration of mortgage (hereinafter “mortgage 1”) was completed on the ground of the mortgage contract (hereinafter “mortgage 1”) (hereinafter “mortgage 2”) 150,000,000 won on the grounds of the maximum debt amount on January 11, 2018, and the establishment registration of mortgage (hereinafter “mortgage 1”) was completed on February 8, 2018. On February 8, 2018, the mortgage contract was completed on the ground of the mortgage (hereinafter “mortgage 2”) 80,000,000 won on the ground of the maximum debt amount, G Co.,, Ltd. of the debtor, the creditor, and the Defendant’s (hereinafter “mortgage 2”).

B. The Plaintiff filed an application for provisional seizure of real estate amounting to KRW 300,000,000 with respect to the instant real estate as the Incheon District Court 2018Kadan101264, and completed the decision of acceptance on March 27, 2018, and the entry registration was completed on March 29, 2018 following the decision of provisional seizure.

The Plaintiff filed an application for provisional seizure of real estate at KRW 767,841,146 of the claimed amount with respect to the instant real estate under the Incheon District Court 2018Kadan102488, and received the decision of acceptance on May 31, 2018, and the entry registration was completed on May 31, 2018 according to the decision of provisional seizure.

C. As to the instant real estate, the Defendant filed an application for a voluntary auction of real estate with the Incheon District Court B, and received a voluntary decision to commence auction on March 28, 2018.

The Industrial Bank of Korea, the senior mortgagee of the instant real estate, filed an application for a voluntary auction of real estate with the same court C, and was voluntarily decided on May 21, 2018.

When the instant real estate was sold in Incheon District Court B, C (Dual) auction of real estate, the same court distributes 536,288,027 won to the Defendant of the fourth mortgagee on January 29, 2019, 981,340 won to the Seo-gu Incheon Metropolitan City, Seo-gu, 1981,340 won, 3464,105 won to the second mortgagee, and 150,000,000 won to the Defendant of the third mortgagee, and 37,842,582,582 won to the third mortgagee.