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(영문) 춘천지방법원 2018.08.29 2017가합50402
배당이의
Text

1. Of the distribution schedule prepared by the said court on April 10, 2017 with respect to voluntary auction cases of H real estate by the Chuncheon District Court.

Reasons

1. Basic facts

A. The Industrial Bank of Korea completed the registration of creation of a mortgage on the land and building located in Gangwon-do I (hereinafter “the instant real estate”) with the maximum debt amount of 3.5 billion won as of April 16, 2008 on the ground of the contract signed on April 15, 2008 as of April 16, 2008, which was KRW 7307,000,000,000,000,000 for the mortgage holders, the Industrial Bank of Korea, and the debtor J Co., Ltd. (hereinafter “K”) (hereinafter “the instant first collateral mortgage”), and completed the registration of creation of a mortgage on the ground of the contract signed on December 30, 208 as of December 31, 2008, with the maximum debt amount of 480,000,000 won, the Industrial Bank of Korea, and the debtor as K.

(hereinafter “instant collateral security”). B.

The Industrial Bank of Korea filed an application for a voluntary auction of real estate with the Chuncheon District Court H on the instant real estate, and the above court accepted the above application and rendered a ruling to commence the auction on February 26, 2016.

(hereinafter “instant auction”). C.

The Plaintiff, a limited liability company specialized in asset-backed securitization under the Asset-Backed Securitization Act, took over the secured debt of the first and second collateral mortgages against K on March 29, 2016 from the Industrial Bank of Korea. On March 30, 2016, the Plaintiff notified K of the transfer of the above secured debt by content-certified mail.

On April 25, 2016, the Plaintiff submitted a report on the alteration of creditors to the auction court of the instant case and succeeded to the status as a mortgagee of the Industrial Bank of Korea.

Defendant A 211,590,645 creditor's reporting of rights and the amount of demand for distribution, the amount of dividends for Defendant A 41,723,230,230, B52,98,030, B52,998,030 52,98,030,998,030, 35,624,600, 28,125,730,730, 26,730,730, E 26,798,798,702, 798,702, F12,167,94, 167, 97, 994, Defendant G2,804,5804,580,580

D. In the instant auction procedure, the Defendants reported the rights to wages and retirement allowances as the top priority wage creditors of K, and demanded the distribution thereof, and Defendant A, B, and C.

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