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(영문) 전주지방법원 2020.01.10 2018나10954
배당이의
Text

1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.

Jeonju District Court D. Do.

Reasons

1. Basic facts

A. On February 3, 2015, the Plaintiff filed a lawsuit claiming the return of down payment filed against E by the Daejeon District Court 2014Da36143, the Plaintiff was sentenced on February 3, 2015, that “Defendant E shall jointly and severally with F, pay to the Plaintiff KRW 100,000,000 as well as the amount calculated at the rate of 5% per annum from December 16, 2012 to August 21, 2014, and 20% per annum from the next day to the date of full payment,” and the said judgment was finalized on February 25, 2015.

B. On September 25, 2014, the Plaintiff received a decision on provisional seizure of real estate ( Daejeon District Court 2014Kadan5283) with respect to each real estate owned by E (hereinafter “each of the instant real estate”) as stated in the separate sheet owned by E in the claim amount, from the Plaintiff against E, KRW 90,000,000 out of the credit based on the above judgment (hereinafter “the instant credit”). On the same day, the provisional seizure registration was completed.

C. On December 3, 2012, Defendant B entered into a mortgage agreement with the debtor and the mortgagee E, the maximum debt amount of KRW 50,000 with respect to each of the instant real estate, and completed the registration of the establishment of the mortgage (hereinafter “first mortgage”) with respect to each of the instant real estate on December 6, 2012.

On October 4, 2016, Defendant C entered into a mortgage agreement with the debtor, H, mortgagee E, maximum debt amount of KRW 25,00,00 with respect to each of the instant real estate, and completed the registration of creation of the mortgage (hereinafter “second mortgage”) with respect to each of the instant real estate on the same day.

E. Around June 21, 2017, Defendant B filed an application for voluntary auction as D with the Jeonju District Court Branch Branch D with respect to each of the instant real estate, and received a decision to commence the auction on June 22, 2017 from the said court.

(f) On February 22, 2018, the court of auction (hereinafter “instant auction procedure”). On February 22, 2018, 34,120 won, among the amount to be actually distributed on the date of distribution of the instant auction procedure, 111,572,725 won, 14,120 won, and 34,120 won, respectively, shall be the creditor of the said

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