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(영문) 수원지방법원 2018.10.11 2018나53450
배당이의
Text

1. Revocation of the first instance judgment.

2. As to the distribution procedure A case of Suwon District Court Ansan Branch A, the above court shall make a decision on July 2017.

Reasons

1. Factual basis

A. Of the 1,564 square meters prior to B, C, the 1,256 square meters prior to C, and 1,402 square meters prior to D, each of the 666/1,277 square meters (hereinafter collectively referred to as “instant real estate”) owned by E. On July 13, 2005, the registration of the establishment of the instant real estate was completed with regard to the instant real estate at issue with the mortgagee, F, and maximum debt amount of KRW 385,000,000.

B. On February 16, 2015, the Defendant (hereinafter “instant debt seizure and collection order”) received a decision on the seizure and collection order of the mortgage-backed claims indicating the debtor’s mortgage-backed claims (hereinafter “mortgage-backed claims seizure and collection order”), as the Suwon District Court-funded 2015TTT2280, the Suwon District Court rendered an order of KRW 3,167,248,376, and the debtor’s mortgage-backed claims (hereinafter “mortgage-backed claims seizure and collection order”). On April 6, 2015, the Defendant completed the additional registration of the seizure and collection order of the mortgage-backed claims.

[Amount claimed] The maximum amount of claim 3,167,248,376 won: the name of the registry office of the Jeonju District Court 385,00,000 won: The date of receipt by the registry office of the vice president of the Jeonju District Court : The receipt number on July 13, 2005: The above amount among the claims of the vice president of the right to collateral security (mortgage claim) which was completed No. 10666, which was completed six.

C. On July 7, 2015, at the Defendant’s request, a voluntary decision to commence the auction (hereinafter “instant decision to commence the auction”) that became the creditor, debtor F, and owner E was rendered in the previous Jeju District Court Support G case (hereinafter “instant auction case”). D.

On September 24, 2015, the Plaintiff was determined to attach and collect the claims based on the right to collateral security, with the amount of KRW 1,90,041, the third debtor F, owner E, claim amount of KRW 1,90,041, which was set by the Suwon District Court, as the Suwon District Court Branch of 2015TTTB2205, and completed the supplementary registration of the seizure of the claims based on the right to collateral security on January 4, 2016.

E. In the instant auction case, on May 12, 2016, a distribution schedule was formulated with the content that the sales proceeds of the instant real estate, 59,780,163 won, which is the total amount to be distributed, was distributed to the mortgagee, who is a collective security.

F. On May 12, 2016, the Defendant, at the date of distribution of the auction case in this case, set aside a notice to the Bank of Korea.

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