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(영문) 의정부지방법원 2015.09.16 2014가단47412
배당이의
Text

1. Of the distribution schedule prepared on November 19, 2014 by the above court in the House Government District Court C and D (Duals) compulsory auction cases for real estate.

Reasons

1. Basic facts

A. On July 12, 1994, the Defendant lent to E a loan worth KRW 105,00,000 on December 31, 1994 as due date, and additionally lent KRW 50,000,000 on July 19, 1994. On December 15, 1995, the Defendant completed the registration of creation of a mortgage (hereinafter “the registration of creation of a mortgage of this case”) which is the maximum debt amount of KRW 200,00,000 on the loans worth KRW 105,00,000 and the interest claim on the loans worth KRW 76.66,00 as the secured claim (hereinafter “mortgage claim of this case”).

B. On July 10, 2013, the Plaintiff filed an application for a compulsory auction of real estate with the Jung-gu District Court C (hereinafter “the instant distribution procedure”). On July 25, 2013, the decision to commence compulsory auction was rendered, and the Defendant filed an application for a decision to commence voluntary auction of real estate with the Jung-gu District Court D on April 22, 2014, and the decision to commence voluntary auction of real estate was rendered on April 25, 2014.

C. On the date of distribution conducted on November 19, 2014, the court of auction prepared a distribution schedule with the content that the Defendant, a mortgagee of the right to collateral security, distributes the total amount of KRW 200,00,00 within the scope of the maximum debt amount, and the Plaintiff, a person holding the right to collateral security, who is a person holding the right to collateral security, distributes the total amount of KRW 7,641,465 out of the total amount of KRW 69,870,00,00 in the second priority order, and the Plaintiff, a person holding the right to collateral security, distributes the amount of KRW 328,100,00 in the second priority order as a person holding the right to collateral security, such as G, any other mutual savings and finance company, H, and I’s bankruptcy trustee J, etc., and distributes the amount of KRW 3,16,957,5

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, entry of Eul evidence 2, 4, 6, 7, 8, 9 (including branch numbers if any) and the purport of the whole pleadings

2. The judgment of the Plaintiff on the assertion that the establishment registration of a false establishment of a mortgage in the instant case was completed by entering into a mortgage contract in collusion with E and the Defendant, and completed the establishment registration of a neighboring mortgage.

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