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(영문) 대전지방법원 2018.06.20 2017가합106286

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 26, 2005, real estate No. 1,509,408,000 No. 1,509, and No. 22 stated in the separate sheet No. 1,509,400 on May 26, 2005, Seoul Guarantee Insurance Co., Ltd., Seoul Guarantee Insurance Co., Ltd., 531,000,000,003 on June 4, 2008, including the real estate of this case, etc. of this case, Han Bank Co., Ltd. 7,000,000,000 on June 23, 2009, each real estate and factory machinery (hereinafter “the real estate of this case, etc.”) listed in the separate sheet No. 1,500,000,000,000 on June 23, 2009, as shown below:

On July 4, 2016, the Industrial Bank of Korea applied for the commencement of the auction procedure, and rendered a voluntary decision to commence the auction procedure as D in this court on July 19, 2016, and as C in the application of one bank, August 3, 2016.

The auction procedure (hereinafter referred to as the “instant auction procedure”) was commenced on each real estate listed in the separate sheet around that time.

The preparation of a distribution schedule and the real estate of this case against the Plaintiff’s objection to the distribution had been sold in a lump sum in KRW 9,168,100,000.

On September 27, 2017, on the date of distribution (hereinafter “the date of distribution of this case”) implemented on September 27, 2017, an auction court prepared a distribution schedule (hereinafter “the instant distribution schedule”) stating that the amount of KRW 9,151,302,117, which is to be distributed as follows, is to be distributed by deducting the interest on the said proceeds from the sale price and the execution cost:

Order 12 34 45 67 creditor FF Bank's transferee of Hansan Bank Co., Ltd. 17,402,210,47,165,050 7,352,905,280 1,509,509,409,408,000,000 4,000,000 4,000,000,000 451,67,594