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(영문) 광주지방법원 2016.07.20 2015가단38540

배당이의

Text

1. Of the distribution schedule prepared by the Gwangju District Court on August 27, 2015, with respect to DD real estate auction cases.

Reasons

1. Facts of premise;

A. On June 28, 1989, the Plaintiff’s father E acquired ownership of 856 square meters in Seo-gu, Gwangju, Seo-gu (hereinafter “instant land”).

B. As to the instant land, “E” had completed the registration of establishment of a collateral security (the maximum debt amount of KRW 9,900,000) that was completed by the Gwangju District Court No. 20318, Sept. 27, 1989 with respect to the instant land, and “E” completed the registration of establishment of a collateral security with respect to the said land to the Defendant B on the ground of the transfer of the confirmed claim on July 1, 2014.

(hereinafter referred to as “first collateral security”) C.

E, as to the land of this case, the Gwangju District Court No. 9751, Feb. 26, 1997, completed the registration of creation of a neighboring mortgage, which caused the maximum debt amount of 15,000,000.

(hereinafter “Second-mortgage”) d.

Defendant C issued a promissory note with a face value of 10,00,000 on August 10, 1998 from E on March 10, 1998. On August 12, 1998, the issuance of a promissory note with a face value of 10,000,000 won for the instant land was made on August 14, 1998, with a provisional attachment decision of KRW 10,00,000 for the claim amount as the Gwangju District Court 98Kadan4128 on August 12, 1998.

(hereinafter “instant provisional seizure”) e.

E with respect to the instant land, the Gwangju District Court (No. 57985, Mar. 31, 2009) completed the registration of creation of a mortgage over the maximum debt amount of 97,500,000 won.

F. On January 1, 2014, E died, and the Plaintiff succeeded to the instant land along with E’s I, Bain J, a male and female, E, together with the Plaintiff.

G. On August 29, 2014, upon the H’s application for voluntary auction, the decision to commence the auction was rendered to Gwangju District Court D on August 29, 2014 and the auction procedure was underway.

(hereinafter referred to as “instant auction procedure”). H.

In the auction procedure of this case, Gwangju District Court takes the first priority on August 27, 2015, 9,900,000 won corresponding to the maximum debt amount, and second priority on the defendant B, who is the second mortgagee, equivalent to the maximum debt amount, and 15,00,000 won, and third priority on H, K&C, and C, equivalent to the third priority on the maximum debt amount. < Amended by Presidential Decree No. 17578, Aug. 27, 2015; Presidential Decree No. 1805,