logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.08.14 2017가단27736
배당이의
Text

1. The distribution schedule prepared on September 20, 2017 by the Busan District Court C and D (Dual) with respect to the auction of real estate.

Reasons

1. Facts of recognition;

A. The Defendant prepared a loan certificate stating that the Plaintiff lent a total of KRW 26 million as indicated in the following table.

The interest rate and the period of repayment stipulated in the respective loan certificates, etc. shall be as stated in the “agreement interest rate” and the “period of repayment of the agreement”.

The agreed interest rate of the leased principal on the date of No.2(1)12013-01-23 10,000, 2013-04-23 annual 25% per 2013-03-20,000 annual 3% per 2013-03-20,000, annual 25% per 2013-05-20% per 32013-07-156,000 annual 36% per 2013-00 per annum 2013-08-26% per annum

B. In relation to the above loan claim against the plaintiff, the defendant applied for the auction of the rent of real estate for the apartment owned by the plaintiff [the auction of real estate is in progress at the Busan District Court D (Dupl) and the same court C (the auction case applied by the creditor Hyundai Capital Co., Ltd.)];

At the time, the establishment registration (the maximum amount of claims 204,00,000 won), the establishment registration (the maximum amount of claims 3,324,108 won in total) in the name of the defendant, the establishment registration (the maximum amount of claims 25,00,000 won), the establishment registration (the maximum amount of claims 25,00,000 won) in the name of E, and the establishment registration (the maximum amount of claims 36,00,000 won) in the name of F was established in the apartment owned by the plaintiff.

C. In the above auction procedure, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the remainder amount to F, who is a mortgagee, to the Defendant, the mortgagee, who is the applicant creditor and junior mortgagee, to Hyundai Capital Co., Ltd., which is the mortgagee and junior mortgagee, in the first order of 265,452,984 won to be actually distributed on September 20, 2017, and 33,324,108 won, and 25,000 won to the Defendant, the junior mortgagee, the junior mortgagee, and 33,324,108 won to the Defendant, the junior mortgagee, and 3,719,229 won, (10.33%) in the second order.

The Plaintiff stated an objection against the amount of dividends of the Defendant and filed the instant lawsuit.

[Ground of recognition] The facts that there is no dispute, Gap 1 to 4, and Eul 1 to 4 are 2.

arrow