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(영문) 인천지방법원부천지원 2016.07.20 2016가단102711
배당이의
Text

1. In the distribution schedule prepared on February 26, 2016 in the Incheon District Court Seocheon-gu C real estate auction case, Defendant Gangnam-do Office, as well as Defendant Gangnam-do Office.

Reasons

1. Basic facts

A. The instant commercial building was real estate owned D, and on June 15, 2015, the procedure for compulsory auction (hereinafter “instant auction procedure”) commenced upon the Plaintiff’s application, and was sold to the Plaintiff on January 28, 2016.

B. The Plaintiff, as a financial institution with loans of KRW 130,00,000 and interest claims thereon, filed an application for auction as above with D as the executive title of the lawsuit against D.

At the time of the commencement of the auction procedure of this case, the commercial building of this case was set up a maximum debt amount of 38,00,000 won as of July 23, 2009, a collateral security made between the debtor D and the mortgagee G (hereinafter “the first collateral security”) and the maximum debt amount of 22,00,000,000 won as of June 12, 2013, a collateral security made between the debtor D and the Defendant B (hereinafter “second collateral security”).

On December 18, 2015, after the commencement of the instant auction procedure, Defendant Gangnam Auction and A jointly transferred the secured claim of the first priority mortgage from G and completed the supplementary registration on December 22, 2015.

C. In the instant auction procedure, Defendant Gangnam Auction and Defendant A demanded the distribution of KRW 15,648,00 (= principal of KRW 8,00,000, KRW 7,648,000). Defendant B demanded the distribution of KRW 31,484,916 (=principal principal of KRW 22,00,000, KRW 9,484,916).

On February 1, 2016, the Plaintiff reported the claim amounting to KRW 69,727,80,989 (=interest amounting to KRW 11,58,187).

On February 26, 2016, the auction court prepared the instant distribution schedule with the content that: (a) apportioned the total amount of KRW 15,648,000 in demand for distribution to Defendant Gangnam Auction and A in the second order; and (b) distributes the total amount of KRW 22,00,000, the maximum amount of demand for distribution, out of the amount of demand for distribution, to Defendant B, in the fourth order; and (c) the Plaintiff did not receive any dividend confidential to

E. On February 26, 2016, the Plaintiff appeared on the date of distribution and raised an objection against the Defendants regarding the total amount of dividends.

[Grounds for recognition] Gap 1-9 evidence, and

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