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(영문) 대전지방법원홍성지원 2019.10.30 2019가단531
배당이의
Text

1. Of the distribution schedule prepared on February 13, 2019 by the same court with respect to cases involving compulsory auction under this Court C, the Plaintiff is against the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 2016, the Plaintiff filed an application for provisional attachment (Seoul Eastern District Court 2016Kadan3378) with respect to each real estate listed in the attached list owned by D with the claim for processing costs against D as the claim amount, and the provisional attachment registration was completed on October 25, 2016 (the claim amount of KRW 10,854,910).

B. On November 21, 2016, the Plaintiff filed a lawsuit against D and E with the Seoul Eastern District Court 2016 Ghana67934, and was sentenced on August 25, 2017, that “D and E jointly pay to the Plaintiff 10,854,910 won and its amount from December 31, 2015 to August 31, 2017; D shall be six percent per annum from December 9, 2016 to December 9, 2016; and 15 percent per annum from the following day to the date of full payment.”

D An appeal (Seoul Eastern District Court 2017Na5176), but the judgment dismissing an appeal was rendered on July 11, 2018, and the said judgment became final and conclusive on July 31, 2018.

C. On November 28, 2016, D entered into a mortgage agreement with the Defendant as to each real estate listed in the separate sheet (hereinafter “instant mortgage agreement”). On the same day, D concluded a mortgage agreement with the Defendant as to each real estate listed in paragraph (1) of the attached list, and completed the registration of establishment of a mortgage of KRW 50,000,000 on November 28, 2016 and the real estate listed in paragraph (2) of the attached list as indicated in the attached list No. 27583, Nov. 28, 2016, with regard to the registration of establishment of a mortgage of KRW 50,000 for maximum debt amount and KRW 50,000 for maximum debt amount on November 28, 2016.

Attached Form

The registration of the establishment of the above collateral on the real estate stated in the list No. 1 was cancelled on January 3, 2019 due to the sale by compulsory auction as deemed below.

On November 15, 2017 upon the Plaintiff’s application, a compulsory auction was commenced to this court C with respect to the real estate listed in attached Table No. 1 of the attached Table No. 1, and among the amount of 40,768,277 won, which is the amount calculated by subtracting the execution expenses from the date of distribution on February 13, 2019, the distribution schedule is to distribute the amount of 39,392,194 won to A, and the amount of 1,376,083 won to A.

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