logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.03.13 2016가단29578
배당이의
Text

1. On December 15, 2016, with respect to the Suwon District Court's Sung-nam Branch C real estate auction, D, and E (Duals) auction, the above court shall have jurisdiction over the case.

Reasons

1. Basic facts

A. The Defendant: (a) registered the establishment of each of the Plaintiff’s shares (hereinafter “each of the instant real property”) among Franchise Park 5,603 square meters and G forest 1,690 square meters (hereinafter “each of the instant real property”) with respect to the obligor, the Plaintiff, the maximum debt amount of KRW 45 million, and the Defendant of the right to collateral security (hereinafter “mortgage 1”); and (b) registered the Plaintiff, the maximum debt amount of KRW 9.2 million, and the Defendant of the right to collateral security (hereinafter “the second right to collateral security”) on January 29, 2013 at the same registry office as the obligor, the maximum debt amount of KRW 9.2 million, and the Defendant of the right to collateral security (hereinafter “the second right to collateral security”).

B. In relation to the Suwon District Court’s Sung-nam Branch C real estate auction, D, and E (Dupl) (hereinafter “instant auction procedure”), each of the instant real estate, the Defendant submitted to the said court a claim statement of KRW 45 million on November 17, 2016, KRW 43,674,657, KRW 3,659,320 from January 28, 2013 to the date of distribution, and KRW 43,674,657, and KRW 3,659,320 from January 28, 2013.

C. In the instant auction procedure, on December 15, 2016, the auction court distributed to the Defendant the dividends amounting to KRW 45 million (hereinafter “the first dividend”) with the second priority on distribution, the second priority on distribution, and the second priority on distribution, 9.2 million to the applicant creditor (the mortgagee) (hereinafter “the second priority dividend”), and 43,674,657 to the third priority collective security (hereinafter “the third priority dividend”) with the third priority on distribution.

The Plaintiff appeared on the date of the above distribution, and raised an objection against KRW 40,317,280 among the Defendant’s dividends, and thereafter filed the instant lawsuit on December 20, 2016, within one week thereafter.

E. Meanwhile, around 2015, the Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the registration of the establishment of a mortgage in the second place of the instant case as Sungwon District Court Branch Branch 2015Gadan213819, and on April 22, 2016, “the decision to recommend reconciliation” is “the decision to recommend reconciliation” as follows.

This order has been issued and all the parties have not raised an objection to the ruling of the above Reconciliation.

arrow