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(영문) 창원지방법원통영지원 2015.09.22 2015가단4510
배당이의
Text

1. A distribution schedule prepared by the said court on June 23, 2015 in the application case for a compulsory auction against B real estate in the Changwon District Court Tongwon Branch B.

Reasons

1. Facts of recognition;

A. On September 17, 1999, the Defendant entered into a mortgage agreement with C as to D 1,101 square meters (hereinafter “instant real estate”) at the Gyeongnam-do, Gyeongnam-do. On the same day, the Defendant completed the registration of establishment of a mortgage on the said real estate at the maximum debt amount of KRW 70 million, and the Defendant’s establishment of a mortgage on the creditor’s neighboring real estate (hereinafter “the registration of establishment of a mortgage”).

B. On May 29, 2006 against C, the Plaintiff filed an application with the Changwon District Court for a payment order with the Changwon District Court 2006 tea1086,086. On the same day, C shall pay to the Plaintiff 114,68,573 won and 46,478,006 won among them, from May 4, 2006 to 68,210,567 won with the interest of 15% per annum from April 111, 2006 to the day of full payment, and the above payment order was served to C on June 1, 2006 and finalized on June 15, 2006.

C. The Plaintiff on August 25, 2014

Based on the original copy of the payment order stated in the Paragraph, the Changwon District Court filed an application for a compulsory auction of the real estate B with the Changwon District Court for a compulsory auction on August 25, 2014.

(hereinafter the above compulsory auction procedure following the above compulsory auction decision is called the compulsory auction procedure of this case.

On June 23, 2015, through the Changwon District Court: (a) apportioned KRW 70,000,000, the maximum debt amount of the right to collateral security to the Defendant, who is the mortgagee of the right to collateral security in the instant case; (b) drafted a distribution schedule that distributes the amount of KRW 88,730,369, equivalent to 33.62% of the principal and interest of the claim, such as the indemnity amount, to the Plaintiff, who is the applicant obligee; and (c) on June 23, 2015, the Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection against the total amount of dividends to the Defendant.

【Ground of recognition】 Evidence Nos. 1-1, 2, 2-1, 3-1, 3-2, and the purport of the whole pleadings

2. The allegations of the Parties and their arguments.

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