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(영문) 대전지방법원논산지원 2016.06.23 2015가단21731
배당이의
Text

1. A distribution table prepared by the court with respect to the auction case of the real estate B located in Daejeon District Court Seosan Branch B, on October 16, 2015.

Reasons

Basic Facts

(1) On August 30, 2006, the Plaintiff loaned KRW 7,000,000 to C for a loan period of 7 years, interest rate of 12.4% per annum, and delay damages amount of 19% per annum. (2) C filed an application for individual rehabilitation with the Jung-gu District Court on September 2012 (2012) (2) and C included the above loan claims in the list of individual rehabilitation creditors submitted by C.

On April 15, 2014, the above court decided to commence individual rehabilitation procedures.

Since the final claim inspection judgment is not applied within the objection period, the above loan claims are confirmed as stated in the list, and the above loan claims are entered in the list of individual rehabilitation creditors.

3) On November 19, 2014, the said court rendered a decision to discontinue individual rehabilitation procedures, and the said decision became final and conclusive on December 13, 2014. The current status of real estate 1) The real estate listed in the separate sheet (hereinafter referred to as “instant 1 real estate”) refers to “the instant 1 real estate,” and the remaining real estate is also referred to as “the same method,” and when each of the instant real estate is collectively referred to as “each of the instant real estate,” it was originally owned by D. D was killed on August 14, 2008, and as its inheritor, E, Defendant, and C were their children.

2) On October 30, 2008, C completed the registration of ownership transfer based on inheritance due to the consultation and division with respect to the real estate Nos. 1, 3, and 4 of this case, and completed the registration of ownership preservation with respect to the real estate No. 2 of this case on the same day. 3) Originally, on the real estate Nos. 1, 3, and 4 of this case, the first priority mortgage was established on June 19, 2008, which was the debtor D, the monthly agricultural cooperative, the maximum debt amount of 28,000,000 won, but C independently inherited the real estate Nos. 1, 3, and 4 of this case, the debtor of the said right to collateral security was changed to C.

4) On December 9, 2008, C created the second-class collateral security at KRW 12,000,000 with respect to each of the instant real property, which is the debtor C, the mortgagee of the right to collateral security, the monthly agricultural cooperative, the maximum debt amount, and the maximum debt amount. The Defendant’s lease contract 1).

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