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(영문) 청주지방법원 충주지원 2018.09.05 2018가단1455
배당이의
Text

1. On June 23, 2015, a contract to establish a mortgage concluded on June 23, 2015 between the defendant and C with regard to real estate stated in the attached list was 42.

Reasons

1. Facts of recognition;

A. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by C. On the same day on June 23, 2015, C completed the registration of creation of the instant real estate (hereinafter “mortgage”) with the maximum debt amount of KRW 221,00,000, and the debtor C and the mortgagee as the Defendant for the right to collateral security (hereinafter “mortgage”). On August 4, 2017, the Defendant received a decision to voluntarily commence the auction procedure with the Chungcheong District Court D and rendered a decision to commence the auction of the instant real estate.

B. On November 1, 2016, the Plaintiff received a provisional attachment order of KRW 54,00,000 from the Cheongju District Court Branch Branching 2016Kadan960, the Plaintiff completed the registration of the entry on November 2, 2016.

Then, the Plaintiff filed a lawsuit against Cheongju District Court 2017Kadan20572 against Cheongju District Court 2017Kadan20572, Sept. 14, 2017 with the purport that “C shall pay to the Plaintiff 51,172,985 won and interest calculated at the rate of 15% per annum from March 4, 2017 to the date of full payment.”

(hereinafter “instant judgment”). On November 29, 2017, the Plaintiff received a decision to commence compulsory auction from the Cheongju District Court E on November 29, 2017 with the title of enforcement, and continued to overlap with the existing voluntary auction procedure.

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, the instant real estate was sold to the Defendant, and the said court, on April 4, 2018, prepared a distribution schedule that distributes KRW 175,921,356 to the Defendant, and KRW 0 to the Plaintiff.

(hereinafter “instant distribution schedule”). On April 4, 2018, the Plaintiff appeared on the date of distribution open on April 4, 2018, and raised an objection against KRW 74,850,000 among the Defendant’s dividends, and filed the instant lawsuit on April 9, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, the purport of the whole pleadings

2. Claims for preservation;

A. Comprehensively taking account of the purport of the entire pleadings in each statement in subparagraphs 3-1 and 2-1 and 3-2 of the occurrence and scope of the Plaintiff, the Plaintiff is on July 15, 201.

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