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(영문) 제주지방법원 2017.12.08 2017가단2761
배당이의
Text

1. Of the instant lawsuit, the Jeju District Court prepared on March 10, 201 with respect to the instant case of auction of real estate B.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was jointly owned by C and D in proportion to 1/2 shares. However, the Plaintiff purchased the instant real estate from C and D on June 3, 201 and acquired ownership in KRW 1.43 billion.

B. On October 13, 2006, the registration of creation of a mortgage was completed over KRW 1.43 billion with the debtor C, the mortgagee, the defendant of the right to collateral security, and the maximum debt amount. On September 30, 2010, the debtor of the above right to collateral security was changed to D. On June 3, 2011, the debtor of the above right to collateral security was changed to the plaintiff.

(2) On June 3, 201, the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount, KRW 416 million (hereinafter “the instant collective security”). Moreover, on June 3, 201, the establishment registration of the mortgage (hereinafter “the instant collective security”) was completed.

C. On March 16, 2016, the Defendant applied for a voluntary auction on the instant real estate and rendered a decision to commence auction ( Jeju District Court B).

On March 10, 2017, the date of distribution of the above auction procedure, the Defendant: (a) did not distinguish the Plaintiff and the Plaintiff’s administrator, and (b) did not distinguish both the Plaintiff and the Plaintiff’s administrator, the Plaintiff’s administrator (hereinafter “Plaintiff”) received the dividends of KRW 613,905,932, which is the remaining amount in the third order; and (c) the Plaintiff appeared on the date of distribution, and raised an objection against KRW 973,77,582, out of the Defendant’s dividends of KRW 1,389,77,582.

On June 10, 2013, the Plaintiff filed an application with Jeju District Court for commencement of rehabilitation procedures, and received the authorization decision on May 9, 2014.

The defendant's claim against the plaintiff was accepted as a rehabilitation security right.

[In the absence of dispute, Gap 1 through 3 (including paper numbers), Gap 7-1, 2, and 6]

2. The plaintiff alleged that the plaintiff purchased the real estate of this case and received a loan of KRW 1.22 billion from the defendant's South-North Korea Won branch, and the above branch is D with regard to the change of the right to collateral security of this case.

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