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(영문) 대전지방법원천안지원 2019.05.15 2018가단9612
배당이의
Text

1. On October 12, 2018, prepared by the same court as the case of application for a compulsory auction of real estate C in the Daejeon District Court as the case of application for compulsory auction of real estate.

Reasons

1. Basic facts

A. The relationship between the parties is the type of D, and the defendant is the omission of D.

B. Around January 2016, the Plaintiff’s claim against D was lent KRW 10,00,000 to D, and the Plaintiff filed a lawsuit against D as Seoul Northern District Court 2017Da6697 against D who did not repay the loan.

The Seoul Northern District Court ordered D to make a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) with the purport that D shall pay the Plaintiff the principal amount of KRW 10,000,000,000 as well as damages for delay. The decision on performance recommendation of this case was finalized around that time.

C. On February 2018, the Plaintiff filed an application for compulsory auction for real estate auction with the Daejeon District Court Branch C for the compulsory auction of real estate as indicated in the attached list owned by D (hereinafter “each real estate of this case”) with the title of the execution decision of the instant performance recommendation as the title of execution.

On February 14, 2018, the Daejeon District Court rendered a decision to commence compulsory auction with respect to each of the instant real estate on February 14, 2018, and conducted the auction procedure (hereinafter “instant compulsory auction procedure”). D.

The Defendant, on March 8, 2018, completed the establishment registration of a collateral of KRW 30,000,000 on the grounds of “contract to establish a contract on March 7, 2018” with respect to each of the instant real property from D, the Defendant completed the establishment registration of a collateral of KRW 30,000 for the obligor and the maximum debt amount.

E. On August 22, 2018, the Daejeon District Court Branch of the Daejeon District Court, which rendered a sale of each of the instant real estate in the Plaintiff’s procedure for the preparation of a distribution schedule and the Plaintiff’s compulsory auction on August 22, 2018, distributed KRW 7,742,079 to the Defendant, a mortgagee, who is a right to collateral security, KRW 5,432,081, and KRW 2,309,998, to the extent that the amount to be actually distributed is distributed to the Defendant, who is the applicant creditor, by opening the date of distribution on October 12, 2018.

(1) The Plaintiff appeared on the date of distribution and stated an objection against the total amount of dividends to the Defendant during the instant distribution schedule. 【A’s ground for recognition.

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