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(영문) 대전지방법원 2016.07.14 2015가단220563
배당이의
Text

1. Daejeon District Court C with respect to the auction case of real estate C, D among the dividend table prepared by the said court on September 3, 2015.

Reasons

Facts of recognition

The following facts are deemed to have been led by the defendant under Article 150(3) and (1) of the Civil Procedure Act.

A. On April 23, 1994, in Seo-gu, Seo-gu, Daejeon (hereinafter “instant apartment”), the right to collateral security (hereinafter “instant right to collateral security”) consisting of KRW 26 million with the networks of the mortgagee (hereinafter “D”) and the maximum debt amount (hereinafter “D”) on April 23, 1994, and ② on January 6, 2012, the right to collateral security (hereinafter “instant right”) was established, respectively.

B. On December 24, 2014, the mortgagee F applied for a voluntary auction on the instant apartment to Daejeon District Court C, and the decision to commence the auction was issued.

In the above voluntary auction case (hereinafter “instant voluntary auction case”), the above court distributed KRW 26 million to D in the first order among KRW 84,984,960 to be actually distributed on September 3, 2015, KRW 21,465,00 to F in the second order, KRW 65,460 to F in the third order, KRW 44,322 to Daejeon Metropolitan City, KRW 10,344,261 to G in the fourth order, KRW 166,249, and KRW 10,410,668 to Hyundai C in the second order.

Accordingly, the Plaintiff appeared on the date of distribution of the instant voluntary auction case, and raised an objection against the whole D’s dividends.

C. The secured obligation of the instant right to collateral security is a loan obligation of KRW 20 million against the Plaintiff’s D. The loan obligation was extinguished by H on behalf of the Plaintiff for the said obligation against D (the repayment of KRW 7 million on August 31, 1994, and KRW 3 million on October 14, 1994) and the Plaintiff on behalf of the Plaintiff for the Seoul Guarantee Insurance Co., Ltd. (the payment of KRW 2 million on November 18, 201, KRW 4 million on December 24, 201, and KRW 6 million on December 13, 2011).

On the other hand, on November 5, 2012, the defendant is the sole inheritor of D (the Muss inheritor renounced his inheritance) and was adjudicated to accept qualified acceptance on November 5, 2012.

Daejeon Family Court.

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