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(영문) 대전지방법원천안지원 2016.11.22 2015가단12518
배당이의
Text

1. Defendant (Appointed Party) A, Appointed D, E, F, G, H, I, and Defendant C are in column for the amount cited in the Schedule of Claim Amount.

Reasons

1. Basic facts

A. On August 31, 2011, the Plaintiff loaned KRW 1,630,00,000,000 as the purchase fund for the garage to M Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and entered into a mortgage contract with the Nonindicted Co., Ltd. on a size of 8,099,30 square meters (hereinafter “instant real estate”) with respect to the amount of 8,00,000,000,000,000,000 with the maximum debt amount, and accordingly, completed the registration of the establishment of a mortgage contract with the debtor Co., Ltd., Ltd. and the Plaintiff as the mortgagee. (hereinafter “Nonindicted Co., Ltd.”).

B. As the Plaintiff did not pay the loan from August 29, 2013, the Plaintiff filed an application for voluntary auction on the instant real estate based on the foregoing right to collateral security and commenced the voluntary auction procedure on December 6, 2013 with the Daejeon District Court Support L for Incheon District Court.

C. On the other hand, on September 12, 2013, Defendant A filed a wage lawsuit against Nonparty A with the Suwon District Court Branch of 2013da25798, and filed the lawsuit against Nonparty A, and on September 12, 2013, Defendant A rendered a final and conclusive judgment of the said court that “The company outside the lawsuit against Defendant A: KRW 16,976,819, KRW 15,760, KRW 15,760, KRW 500 to the Selection, KRW 5,500,00 to the Selection, KRW 3,508,424 to the Selection, KRW 9,344,231 to the Selection, KRW 3,600,00 to the Selection, KRW 4,600,00 to the Selection, KRW 5,84,833 to the Selection, and KRW 94,520 to the Selection, KRW 94,520, and damages for delay.”

On November 6, 2013, Defendant A filed an application for compulsory execution on the instant real estate based on the said final judgment, and the commencement procedure of compulsory auction (hereinafter “instant auction procedure”) began on November 6, 2013.

E. On the date of distribution of the instant auction procedure on July 23, 2015, the instant court distributed each of the money indicated in the claim amount column in the attached claim amount table to the Defendants and the designated parties as the first priority wage creditors, and distributed KRW 446,250,705 to the Plaintiff as the third priority collective security holders.

F. The plaintiff is above.

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