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(영문) 전주지방법원군산지원 2019.12.12 2018가단53106
배당이의
Text

1. A distribution schedule prepared on May 3, 2018 by the above court with respect to the auction case of real estate L.S. L. for the Jeonju District Court.

Reasons

1. Basic facts

A. On October 30, 2014, the Plaintiff concluded a mortgage agreement with Nonparty M Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on each real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”) with respect to each real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”) and completed the establishment registration of the neighboring mortgage on November 4, 2014 (hereinafter “the first collateral mortgage”).

B. On January 27, 2016, the Plaintiff concluded a mortgage contract, which is the non-party company and the instant real estate, with respect to the maximum debt amount of KRW 100 million, the non-party company and the Plaintiff as the mortgagee, and completed the establishment registration of a mortgage on the 28th of the same month (hereinafter “second collateral mortgage”).

C. On May 23, 2017, the Plaintiff filed an application for a voluntary auction of real estate related to the instant real estate (the Jeonju District Court Branch L), and only stated that “230,021,917 won and 210,000 won out of the above money as 210,000 won and interest at the rate of 20% per annum from May 24, 2017 to the date of full payment” in the column for “the claim claim and the indication of security rights” of the application for a voluntary auction of real estate.

On April 19, 2018, the Plaintiff submitted a bond statement stating “principal: 230,021,917 won: 39,698,630 won (interest at the rate of 20% per annum from May 24, 2017 to May 3, 2018) for the total amount: 269,720,547 won” to the auction court.

E. On the date of distribution on May 3, 2018, the auction court deemed that KRW 269,720,547, which was submitted by the Plaintiff, within the scope of KRW 350,000,000,000,000,000 for the total amount of the maximum debt amount of the 1 and the 2nd collateral mortgage, is within the scope of KRW 350,000,000.

f) The Plaintiff was present on the date of distribution and raised an objection against the dividend amount of the Defendants (only 322,540 won of the dividend amount No. 4 in the case of Defendant Kunsan, the dividend amount of which is 322,540 won in the case of Defendant Kunsan).

In May 9, 2018, the instant lawsuit was brought.

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