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(영문) 창원지방법원진주지원 2019.01.09 2018가합10527
배당이의
Text

1. It was prepared by the said court on April 23, 2018 with respect to the compulsory auction case of real estate B located in the Changwon District Court Jinwon Branch B.

Reasons

1. Facts of recognition;

A. The establishment of a right to collateral security C with respect to each real estate listed in the separate sheet shall complete the registration of ownership transfer for each real estate listed in the separate sheet from July 12, 2007 to October 11, 2007 (hereinafter “each real estate of this case”).

C On February 23, 2012, the maximum debt amount of each of the instant real estate was KRW 1.2 billion; the debtor C; the grounds for registration was a contract concluded on February 20, 2012; the mortgagee completed the registration of creation of a neighboring mortgage as the defendant.

(hereinafter “instant collateral security”). B.

On May 10, 2017, the Plaintiff filed an application with C for a payment order seeking reimbursement against C.

(C) On May 15, 2017, the lower court ordered the Plaintiff to pay KRW 969,264,740 and KRW 138,649,978 as to KRW 138,67 from April 26, 2017; KRW 830,336,167 each year from April 28, 2017 to the delivery date of the original copy of each payment order; and KRW 10% each year from the next day to the date of full payment; and KRW 15% each year from the next day to the date of full payment.” This was finalized on June 2, 2017.

(hereinafter “instant payment order”). C.

On June 13, 2017, the Plaintiff applied for a compulsory auction for each of the instant real estate to the Changwon District Court Jinwon Branch B upon the instant payment order. On June 14, 2017, the said court rendered a decision to commence the auction on June 14, 2017, and conducted the auction procedure (hereinafter “instant auction”).

(2) Of KRW 1,379,375,931, the amount to be actually distributed on the date of distribution on April 23, 2018, the said court: (a) KRW 1.28,510,00 to the Defendant, who is the first mortgagee; (b) KRW 16,128,510,00 to the Jinju Branch of the National Health Insurance Corporation, the second mortgagee; (c) KRW 1,741,640 to the Jinsan Branch of the National Health Insurance Corporation, the third mortgagee; and (d) to the Plaintiff, each of the fourth creditors, who is the fourth creditors, KRW 76,590,278 to the Korea Technology Finance Corporation; (e) KRW 67,539,745 to the Plaintiff

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