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(영문) 인천지방법원부천지원 2015.09.16 2014가단52942
배당이의
Text

1. It was drawn up by the court on December 29, 2014 in the Incheon District Court A and B (Dual) auction of real estate.

Reasons

1. Basic facts

A. On July 2, 2007, the Plaintiff: (a) registered the establishment of a neighboring mortgage (hereinafter “first collateral security”) that is the debtor C, the maximum debt amount, KRW 377,000,000, and KRW 1200,000,000 on July 4, 2007, with respect to the registration of the establishment of a neighboring mortgage (hereinafter “first collateral security”) that is the debtor C, the maximum debt amount, KRW 377,00,000,000 on each of the above lands, and KRW 9.51,000,000 on each of the above lands (hereinafter “first real property”); and (b) granted a loan to the debtor C, the maximum debt amount, KRW 377,00,00,000 on July 4, 2007, the Plaintiff registered the establishment of a neighboring mortgage, which is the debtor C, the maximum debt amount, KRW 40,495,000,00.

(hereinafter referred to as "first loan" and "second loan" in order). (b)

On September 14, 2009, the defendant registered the establishment of a mortgage on the first and second immovables as joint mortgaged property, which is the maximum debt amount of 102,00,000 won.

C. The vice branch court of the Incheon District Court rendered a voluntary decision to commence the auction on October 28, 2013 with respect to the real estate Nos. 1 and 2, and on March 10, 2014 to the above court A, respectively. D.

In the above auction procedure, the defendant submitted a statement of claim amounting to KRW 114,432,847 on December 15, 2014. The plaintiff submitted a statement of claim amounting to KRW 465,243,740 on December 22, 2014. The plaintiff submitted a statement of claim amounting to KRW 117,114,442 ( KRW 100,440,495 interest amounting to KRW 6,789,777 interest amounting to KRW 6,789,777 interest amounting to KRW 6,789,884,129,298 (general limit transaction agreement) (principal interest amounting to KRW 290,00,000 interest amounting to KRW 31,263,81,2484,726), and KRW 726).

E. Of the amount to be actually distributed on December 29, 2014, the auction court prepared a distribution schedule that distributes the amount of KRW 1,735,560 to Kimpo-si, the Plaintiff KRW 348,150,926, and KRW 15,288,241 to the Defendant (hereinafter “instant distribution schedule”).

[Ground of Recognition] Fact that there is no dispute, Gap evidence 1 through 5 (including branch numbers if there is no other indication; hereinafter the same shall apply) and Eul.

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