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(영문) 광주지방법원 2017.10.20 2017가단502373
배당이의
Text

1. As to each real estate listed in the separate sheet, between the defendant and the fisheries company B, on December 21, 2015.

Reasons

1. Basic facts

A. On June 2, 2015, the Plaintiff, with respect to the preserved claim, lent KRW 100 million to the Fisheries Company B (hereinafter “debtor Company”) on June 1, 2018, at the interest rate of 4.21% (12% per annum) per annum (12% per annum) on June 1, 2018.

B. On December 21, 2015, the Defendant: (a) concluded a mortgage agreement that forms a maximum debt amount of 120,000,000 won with respect to each of the real estates listed in the separate sheet with the debtor company (hereinafter “instant real estate”); and (b) completed the registration of establishment of a mortgage.

C. The auction procedure for the instant real estate was initiated and proceeded with (Seoul District Court C). The Plaintiff filed an application for provisional seizure on the instant real estate with the amount claimed as KRW 101,350,119 as loans, and filed a demand for distribution on the same amount.

The Defendant purchased the instant real estate in the said voluntary auction procedure, and on January 25, 2017, the distribution schedule as indicated below (hereinafter “instant distribution schedule”) was prepared regarding the distribution of the proceeds of sale.

The amount of actual dividends is 2,449,449,6723,925,968,968,9668,261,847 and 204,000,00 the maximum amount of claims 2,449,6623,464,887 and 295,461,261,847 and 2,449,672,623,447 and 2,479,672,6723,925,968,968,968,000 and 196,261,847 and 45,45 and 203,520,30,300,000 and 196,008,000 and 2,008,000 and 2,000,008,008 and 1008,000

D. As a creditor of provisional attachment, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the Defendant’s dividends, and thereafter filed the instant lawsuit on January 26, 2017, within seven days thereafter.

[Ground of recognition] A without dispute, evidence Nos. 1 through 9, evidence No. 18, 21, and .

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