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(영문) 제주지방법원 2018.11.13 2018가단53001
배당이의
Text

1. Defendant .. of the distribution schedule prepared by the said court on March 9, 2018 with respect to the Jeju District Court A real estate compulsory auction case.

Reasons

1. Common factual relations;

A. On July 7, 1997, Defendant Jeju Bank (hereinafter “Defendant Bank”) completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 39,000,000, the debtor B, and Defendant Bank with the mortgagee bank on the ground of the contract on July 5, 1997 with respect to the 507th floor 507 floor 5 of the ground operation of the instant real estate owned by Seopopopopo-si (hereinafter “instant real estate”).

After that, on December 29, 198, the provisional attachment of the instant real estate was registered as the claimed amount of KRW 20,000,000,000 by the Jeju District Court's Seoposi District Court's ruling of provisional attachment (98Kadan3565) on December 29, 199, and the creditor Sungpo-si Fisheries Cooperatives (hereinafter "the defendant union") on July 29, 199, the provisional attachment of the instant real estate was registered as the claimed amount of KRW 20,00,000, and the provisional attachment of the Defendant Association as the creditor association (hereinafter "the provisional attachment of this case") on July 29, 1999.

B. On April 25, 2017, upon the Plaintiff’s application for a compulsory auction by official auction by official title based on the Plaintiff’s enforcement title, the Jeju District Court A rendered a decision to commence a compulsory auction (hereinafter “instant compulsory auction”) on the instant real estate as to the same day, and the registration of the decision to commence compulsory auction was completed on the same day. The compulsory auction of this case was conducted and sold to D on January 31, 2018.

C. On March 9, 2018, the Jeju District Court made a distribution in accordance with the sale of the instant real estate in the instant case for compulsory auction. Of KRW 111,518,269, the amount to be actually distributed, the Defendant Bank, a mortgagee of a right to collateral security, was 29,328,063 won (interest 3,328,063 won from April 21, 2017, which was the loan principal of June 18, 2010, which was 26,328,063 won), which was the amount to be claimed for a claim against the Defendant Cooperative, a person holding the right to collateral security, and 48,648,827 won (principal 12,507,535 won), which was the interest 36,141,292 won from December 26, 2002, which was the person holding the right to collateral security, and 293,279.

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