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(영문) 대전지방법원 2017.06.30 2016나112400
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 25, 199, KF lent 30 million won to E on June 25, 199, and F, E’s wife, jointly and severally guaranteed the above debt.

On August 4, 2006, the Korea Deposit Insurance Corporation, a bankruptcy trustee of the Daejeon Central Credit Cooperatives, was sentenced to the ruling that E and F shall jointly and severally pay 57,225,857 won and 30 million won, at the rate of 16.8% per annum from November 16, 2005 to the date of full payment (Sesan Branch of the Daejeon District Court 2006No2805). The above ruling became final and conclusive on September 1, 2006.

B. On June 24, 1998, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) in the form of debtor F and the maximum debt amount of 70 million won, which was based on the collateral security contract on June 22, 1998, with regard to each real estate listed in the attached list, which was owned by F. The Defendant completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”).

C. As a result of the commencement of auction by the Daejeon District Court’s application for each auction by the Defendant, who is a senior mortgagee of each real estate listed in the separate sheet, and the creditor who is a junior creditor of each real estate listed in the separate sheet, the auction case of the same court B, C, D (combined) and D (combined) was conducted with respect to each real estate listed in the separate sheet as well as 66/1135 square meters of the F Shares of H-party 1135 square meters at the time of Chungcheongnam-do, Chungcheongnam-do. (hereinafter “H share”).

(hereinafter “instant auction procedure”). On July 6, 2016, the said court set the amount to be actually distributed as KRW 56,333,795 on the date of distribution implemented on July 6, 2016, and formulated a distribution schedule with the following contents (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of distribution, and raised an objection against the whole amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on July 8, 2016.

The creditor who holds the right to distribute the dividend amount of KRW 4,381,700 in the first order of 4,381,700 in the country in which the creditor is entitled to distribute the dividend amount of KRW 70,000 (as to the H land share of KRW 45,802,433 in the first order of priority.

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