logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.08 2017가단6968
배당이의
Text

1. The contract to establish a right to collateral security concluded on April 21, 2016 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. B receives a total of four loans from the Plaintiff, such as household general funds loans, and as of April 21, 2016, as of April 21, 2016, B bears the obligation of loans of KRW 231,218,280, in total, KRW 230,760,890, and KRW 457,390, in total, to the Plaintiff.

B. B, on April 21, 2016, entered into a mortgage agreement with the Defendant (hereinafter “instant apartment”) with respect to the real estate indicated in the separate sheet, which is the only property owned by him/her (hereinafter “instant apartment”), and completed the registration of creation of a neighboring mortgage, the maximum debt amount of which is KRW 52 million, to the Defendant on April 22, 2016.

C. On the instant apartment, E, a creditor of the instant apartment, rendered a judgment of compulsory commencement of auction on May 4, 2016, and the Plaintiff applied for voluntary auction as a mortgagee and rendered a judgment of voluntary commencement of auction on July 14, 2016.

[This Court C real estate compulsory auction and D real estate auction case, hereinafter referred to as "auction case").

In the distribution procedure of auction cases, on February 28, 2017, the distribution schedule was prepared to be distributed to the Plaintiff, who received dividends in proportion to the amount of KRW 13,61,024 out of the remaining amount of claims 78,853,739 out of KRW 13,624,173,173,39, the sports credit guarantee foundation and E received dividends in proportion to the amount of KRW 164,05,859 in the second order as the mortgagee, the Plaintiff’s second order as the mortgagee, and the Defendant’s third order as the mortgagee, and the Defendant received KRW 45,379,678 in the third order as the mortgagee, and the Plaintiff received dividends in proportion to the amount of KRW 78,853,739 among the remaining amount of claims and KRW 13,661,024 in the fourth order as the claimant and the applicant creditor (hereinafter “instant distribution schedule”).

E. On the date of distribution, the Plaintiff stated that he/she had an objection to the total amount of dividends against the Defendant, along with the Gyeonggi Credit Guarantee Foundation and E, and filed the instant lawsuit on March 6, 2017 where seven days have not elapsed thereafter.

[Based on the recognition] There is no dispute, Gap evidence Nos. 1-13, and the National Spatial Data Infrastructure Center of the Ministry of Land, Infrastructure and Transport.

arrow