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(영문) 전주지방법원 정읍지원 2018.01.09 2016가단4486
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 1, 2010, the Plaintiff had a claim against F, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). On November 1, 201, the Plaintiff provisionally attached the instant real estate with the claim against the money acquired as a claim claim.

B. On December 11, 2004, Defendant B concluded a mortgage agreement with F, a mortgagee B, the maximum debt amount of 78,000,000 regarding the instant real estate with F, and completed the registration of establishment of a neighboring mortgage under Defendant B’s name (hereinafter “the registration of establishment of a neighboring mortgage”) under the former District Court No. 1646, Dec. 13, 2004, as of December 13, 2004.

C. On January 20, 2009, the Defendant C Cooperatives concluded a mortgage establishment agreement with F on the instant real estate, which constitutes the Defendant B, the mortgagee C Cooperatives, the maximum debt amount of 300,000,000 with respect to the instant real estate, and completed the registration of establishment of a neighboring mortgage under the name of the Defendant C Cooperatives (hereinafter “the registration of establishment of a neighboring mortgage”) with the Jeonju District Court No. 1745, Jan. 21, 2009.

The distribution schedule was prepared on December 22, 2016, after the procedure for the auction of real estate was initiated under the Jeonju District Court Full Branch E in relation to the instant real estate, and the distribution schedule was written on December 22, 2016. The distribution schedule stated that Defendant B was apportioned KRW 78,00,000, and that Defendant C Cooperatives was apportioned KRW 104,65,635, respectively.

At the time, the Plaintiff raised an objection against the total amount of dividends of the Defendants.

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The secured debt of the first collateral mortgage of this case against Defendant B was extinguished after ten years have passed since the registration of the creation was completed. As such, the part that distributed to Defendant B according to the secured debt of the first collateral mortgage of this case, which was extinguished by prescription, among the above distribution schedule, is unlawful. 2) The claim against Defendant C Cooperatives.

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