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(영문) 대전지방법원 2016.01.21 2015가단29821
배당이의
Text

1. Of the distribution schedule prepared by the same court on August 12, 2015 with respect to the voluntary auction case of Daejeon District Court C real estate.

Reasons

Facts of recognition

A. On October 11, 2007, the Plaintiff entered into a mortgage-backed contract that constitutes a maximum debt amount of 920,000,000 with respect to land and its ground buildings in Jung-gu, Daejeon Metropolitan City (hereinafter “instant real estate”). On October 18, 2007, the Plaintiff completed the registration of the establishment of a mortgage on the said real estate as the Daejeon District Court’s receipt of Daejeon District Court’s receipt of Daejeon Branch Office, No. 63290.

B. Based on the foregoing right to collateral security, the Plaintiff filed an application for a voluntary auction of the instant real estate with the court C, and this court rendered a voluntary decision to commence the auction on February 7, 2014.

C. On June 2, 2015, the instant real estate was sold at KRW 568,800,020 on the date of sale, and on August 12, 2015, this court prepared a distribution schedule that, on the date of distribution, the remaining KRW 561,517,919, the sales proceeds and the execution expenses were deducted from the interest thereon, were distributed in each of the following content (hereinafter “instant distribution schedule”).

[Plaintiff-Appellant] 48,274,890, Defendant B 2, Nonparty B 13,000, 15,111,640, Jung-gu, Daejeon Special Metropolitan City Jung-gu, Daejeon Special Metropolitan City of Daejeon Special Metropolitan City of KRW 15,11,640, JAWC Co., Ltd. of KRW 10,624,818, Plaintiff 4, 505,745,113, Defendant Hyundai Electronic Industry Co., Ltd. of KRW 4,396,477.

D. The Plaintiff appeared on the date of the above distribution, and raised an objection against the dividend amount (13,00,000 won) against Defendant B, a lessee of a small amount of money (10,91,192 won), dividends against the new bank, a mortgagee of a right to collateral security (10,624,818 won), dividends against Al&C Co., Ltd., a mortgagee of a right to collateral security (10,624,818 won), and dividends against Defendant Hyundai Electronic Industry Co., Ltd. (4,396,47 won). The Plaintiff filed the instant lawsuit on August 18, 2015, which is one week thereafter.

【Ground of recognition” has no dispute, each entry of Gap's 1, 2, 4, and 6, and all pleadings' claims against defendant B.

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