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(영문) 수원지방법원여주지원 2020.08.26 2019가합11486

배당이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 25, 2016, the Plaintiff: (a) with respect to each forest of this case, D, E, F, and G on April 25, 2016, the Plaintiff is the Plaintiff: (b) the maximum debt amount of KRW 585,00,000; and (c) the debtor H, and the right to collateral security (hereinafter “I Association”).

(2) On July 12, 2017, the registration of the establishment of a neighboring mortgage was completed, and the registration was cancelled on July 12, 2017 (the date of the registration was terminated as of July 11, 2017). The Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to each forest of this case as of July 12, 2017, including the maximum debt amount of KRW 1,500,000,000, the debtor J and the mortgagee as the defendant, and the registration of the establishment of a neighboring mortgage was cancelled on November 15, 2017.

(3) On November 15, 2017, the Plaintiff completed the registration of creation of a neighboring forest (hereinafter “mortgage”) with respect to each of the instant forests on November 15, 2017, including the maximum debt amount of KRW 975,00,000,00, and the debtor K and the right to collateral security (hereinafter “mortgage”). (4) on November 16, 2017, the Plaintiff completed the registration of establishment of a neighboring forest (hereinafter “mortgage”) with respect to each of the instant forests, excluding G forest land of KRW 145,00 square meters, among the instant forests, on November 16, 2017.

B. 1) The Defendant, based on the instant collateral security, filed an application for voluntary auction on the instant auction forest land to this court C, and received a decision on commencing auction on May 29, 2018 (hereinafter the instant auction procedure is referred to as “instant auction procedure”).

(2) On August 20, 2019, a date of distribution of the instant auction procedure, the following distribution schedule was formulated: (a) the distribution of KRW 433,305,027 among KRW 1,187,039,449, which is the actual amount to be distributed to the Defendant; (b) the distribution schedule was formulated as follows (hereinafter “instant distribution schedule”).

The plaintiff is on the date of the above distribution, which is the 753,734,422, 753,734,734, 600,000 interest on the principal amount of the credit against the defendant L Cooperatives, and 753,734,734, 42260,000,000 dividends of 12-13,734,424,305,0273.