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(영문) 대전지방법원 2017.04.21 2016가단218437
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Plaintiff’s right to collateral security and right to collateral security (1) around March 20, 2014, the Plaintiff leased KRW 30,000,000 to Nonparty E on June 20, 2014 with a maturity of KRW 30,000 per annum, interest rate of KRW 30% per annum, and overdue interest rate of KRW 36% per annum. 2) The Plaintiff completed the registration of the establishment of a right to collateral security for the entire first and third floors of the instant building as of March 20, 2014 (hereinafter “instant land”; the real estate listed in paragraph (1) of the attached Table No. 1; the real estate listed in paragraph (2) of the same Schedule No. 2 as of March 20, 2014 as to the instant building; and the registration of the establishment of a right to collateral security from March 20, 2014 to March 30, 2015.

B. On June 25, 2015, with respect to the instant land and building, the auction procedure was initiated to Daejeon District Court C with the application of the Seocho Chang Credit Cooperatives, a collective security right holder, on June 25, 2015. On July 2, 2015, upon the application of the Plaintiff, who was a collective security right holder, the said collective security right holder, the auction procedure was initiated to D with the same court (hereinafter “instant auction

2) In the instant auction procedure, Defendant A filed a report on the right and demand for distribution by asserting that he/she is a lessee holding the right to return the deposit for lease deposit of KRW 90,00,000 on the whole second floor of the instant building. Defendant B filed a report on the right and demand for distribution by asserting that he/she is a lessee holding the right to return the deposit for lease deposit of KRW 50,000,000 on the whole third floor of the instant building.

C. On August 24, 2016, the court of the instant auction procedure implemented on August 24, 2016, as indicated in the separate sheet and the same distribution schedule (hereinafter “instant distribution schedule”) with regard to KRW 262,337,460 as the amount to be actually distributed on the date of distribution.

(2) The Plaintiff was present on the aforementioned date of distribution and stated that there was an objection against KRW 13,275,707 out of the total amount of distribution to Defendant A and the amount of distribution to Defendant B.

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