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(영문) 대전지방법원서산지원 2014.02.13 2012가합2629
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 20, 2010, the Plaintiff lent KRW 150,000,000 to D, and on October 22, 2010, with respect to each of the real estates listed in the separate sheet owned by E (D) (hereinafter “each of the instant real estates”) on October 22, 2010, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “mortgage”) with respect to the obligor D, maximum debt amount of KRW 150,00,000,000, the Plaintiff as the mortgagee of the right to collateral security.

B. The instant right to collateral security was cancelled on February 23, 201 due to termination.

C. On March 7, 2011, after the cancellation of the instant right to collateral security, the Defendant completed the registration of establishment of a collateral security for the obligor, E, the maximum debt amount of KRW 150,000,000, and the mortgagee’s Defendant as the Defendant.

In the F real estate auction case in progress upon the Defendant’s motion, on December 9, 201, the decision to voluntarily commence the auction of each of the instant real estate was rendered on the date of distribution on September 26, 201, and on September 26, 2012, a distribution schedule was formulated to distribute each of the instant real estate amounting to KRW 1,964,60 among the amount to be actually distributed on the date of distribution on September 26, 2012, KRW 234,049,948 to the Defendant, KRW 150,000,000 to G, and KRW 80,209,346 to H, and KRW 59,124,982 to H.

(5) On May 16, 2013, the Court rendered a decision to correct the amount of KRW 80,209,346 to G as KRW 27,134,328, and the amount of dividends to H as KRW 59,124,982 as KRW 112,20,00,00, and the amount of dividends to H as KRW 112,20,00 as KRW 112,20,00 in a case of demurrer against distribution by 2012Gahap2636, which became final and conclusive around that time).

On September 26, 2012, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the amount of distribution, and filed the instant lawsuit within one week thereafter.

F. Meanwhile, on October 26, 2011, the Plaintiff filed a lawsuit against E against Suwon District Court Decision 201Kadan10926, which sought the implementation of the procedure for registration of recovery of the right to collateral security of this case, and rendered a judgment accepting the Plaintiff’s claim (a judgment of winning a lawsuit without holding any pleadings) by the above court, and the Defendant’s District Court against the Defendant.

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