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(영문) 의정부지방법원 2018.11.21 2017가합54029
배당이의
Text

1. Of the distribution schedule prepared on June 26, 2017 by the above court with respect to the auction of real estate C in the Jung-gu District Court C.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Nonparty D 1) Nonparty D is the Plaintiff’s 2,945 square meters of land for the E-si in Macheon-si (hereinafter “instant land”).

(B) On October 28, 2012, a fire occurred in the above plant and its ground factory owner, and the F Co., Ltd. F (hereinafter referred to as “F”).

(2) On February 26, 2013, the Plaintiff paid KRW 533,321,436 of the insurance money for the damage incurred by F due to the said fire to F in accordance with the comprehensive property insurance contract concluded with F.

3) On April 23, 2013, the Plaintiff filed a claim for reimbursement against D (Seoul Central District Court 2013Da5052922). On April 22, 2014, the Plaintiff received a settlement recommendation with the effect that “D shall pay to the Plaintiff KRW 280,000,000 by May 30, 2014. If D does not pay the said money by the due date, it shall pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum from the day following the due date until the day of full payment.” The said settlement recommendation recommendation was finalized around that time. (b) D concluded a mortgage contract and the establishment of a collateral security agreement between D and the Defendants are completed. On October 2, 2012, D concluded a mortgage contract with the Defendant, the mother, and concluded a mortgage contract (hereinafter “mortgage 1”) on the instant land, and completed the registration of the establishment of a mortgage with the Defendant on March 10, 2013 (hereinafter “Defendant 13”).

2) As to the instant land, D is a contract establishing a right to collateral security with Defendant B (hereinafter “second right to collateral security”) on May 2, 2013.

(C) On May 7, 2013, Defendant B entered into the auction procedure for the instant land and the auction procedure (hereinafter “instant auction procedure”) commenced upon the application of the Industrial Bank of Korea, which is the senior mortgagee of the instant land, (hereinafter “the Government District Court C”); and on June 7, 2017, the ownership transfer registration was completed in the G future on the following grounds: (a) the instant land was sold and the ownership transfer registration was completed on June 7, 2017.

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