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(영문) 창원지방법원마산지원 2015.07.03 2014가합949
배당이의
Text

1. A distribution schedule prepared on April 17, 2014 by the said court with respect to the auction case of real estate C with the Changwon District Court Msan-gu Seoul District Court.

Reasons

1. Basic facts

A. 1) The Plaintiff is an owner of 3,102/3,179 square meters in 3,179 square meters in Gyeong-gun, Gyeong-gun, Gyeong-gun; 1,284/1,398 square meters in E preceding 1,567 square meters in 1,287 square meters in G; 1,236/1,567 equity in 1,567 square meters in G; 2) The Plaintiff’s representative director has changed the order from September 18, 2009 to September 30, 2010 to June 23, 201 (from September 30, 2010 to June 23, 2011) and L (from June 21, 2013 to June 21, 2017).

On the other hand, M has operated the plaintiff by lending the name of J as a punishment of J.

3) Of the land in Gyeong-gun, Gyeong-gun, Gyeong-Gun, the remainder of 77/3,179 shares, the remainder of 114/1,398 shares out of the F land, and the remainder of 331/1,567 shares out of the G land were transferred to J and K. B. On March 30, 2010, the Plaintiff and J transferred to the Defendant of Gyeong-gun, Gyeong-gun, D, F, G, and H land (hereinafter “instant real estate”). The Plaintiff and J collectively transferred to the Defendant on March 30, 2010.

As to the joint collateral, the Changwon District Court’s subordinate registry office of 2010,350 million won with respect to the right to collateral security (hereinafter “the right to collateral security of this case”) under No. 2567, Mar. 30, 2010.

C) The registration of establishment was completed. C. 1) After Samllil Agricultural Cooperatives applied for a voluntary auction on the instant real estate, and on October 30, 2012, the procedure of voluntary auction was commenced with the Changwon District Court Musan Branch C.

In the above auction procedure on April 17, 2014, the above court prepared a distribution schedule that distributes KRW 162,653,262 to the Defendant as the first-class mortgagee, and the Defendant as the second-class mortgagee, 207,973,022 as the second-class mortgagee.

(2) On April 23, 2014, the Plaintiff appeared as the debtor and the owner on the aforementioned date of distribution and raised an objection against the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on April 23, 2014. [Grounds for recognition] There is no dispute, Gap evidence 1 through 4 (including the serial number, Eul evidence 1-2, witness evidence 1-2, witness J testimony, and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s present representative director K is the company from J, the former representative director.

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