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(영문) 춘천지방법원강릉지원 2019.01.29 2018가단33097
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the land indicated in the separate list No. 1 from L Co., Ltd. (hereinafter “L”) was transferred with respect to the land indicated in the separate list No. 1, 2005 with respect to the right to collateral security (hereinafter “the first collateral security”) with a maximum debt amount of KRW 1,04,00 million established on Nov. 9, 205, the right to collateral security (hereinafter “the second collateral security”) with a maximum debt amount of KRW 19,5 million established on Jul. 11, 2008, the right to collateral security (hereinafter “the second collateral security”) with a maximum debt amount of KRW 91,65 million established on Nov. 15, 201, and the right to collateral security (hereinafter “the third collateral security”) and the right to collateral security (the third collateral security”) were transferred. The Plaintiff’s claim reimbursement of KRW 1,737,81,850 million with respect to each land indicated in the separate list No. 961,960,000,000 won,000 won.

Therefore, the sum of the dividend amounts to the Plaintiff out of the instant distribution schedule should be increased to KRW 163,348,917 (i.e., KRW 502,711,885 - KRW 339,362,968). The sum of the dividend amounts to the Defendants should be reduced to the amount above.

2. The key issue of this case is whether the secured debt of No. 3 collateral security includes the secured debt of No. 1,2 collateral security, and according to the entries in No. 4, 5, and 6 (part omitted), the issue of this case is the land listed in No. 1, 2, and 10 of the attached Table No. 1, and the land listed in No. 2, 2, and 7 of the attached Table No. 7, which is the representative of M, as the debtor.

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