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(영문) 전주지방법원 2019.06.14 2018가단27173
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 1990, the Defendant entered into a mortgage agreement with the maximum debt amount of KRW 20,000,000, the debtor D, the mortgagee, and the mortgagee as the defendant with respect to the land size of 3184.3 square meters (hereinafter “instant real estate”) in Kim Jong-si owned by D, Kim Jong-si, 190, and completed the registration of establishment of the neighboring mortgage (hereinafter “the registration of establishment of the instant real estate”).

B. On June 13, 2005, the Plaintiff obtained a provisional attachment order issued by the Jeonju District Court 2005Kadan4174 on June 14, 2005 with respect to the instant real estate owned D with the claim amounting to KRW 89,567,293 as the claim amounting to D, and completed the provisional attachment registration on June 14, 2005.

C. On December 20, 2006, the Plaintiff filed a lawsuit against D with Jeonju District Court 2006Kadan42780, and sentenced on December 20, 2006, “The Defendant (referring to D) to the Plaintiff (referring to the Plaintiff in this case) to pay to the Plaintiff KRW 63,454,882 and to KRW 61,234,681 a year from October 13, 2006 to the day of full payment.” The above judgment became final and conclusive around that time.

(hereinafter “instant judgment”) D.

On January 10, 2018, the Plaintiff received a decision to commence compulsory auction on the instant real estate from the Jeonju District Court C with the title to enforce the instant judgment. On January 12, 2018, the Plaintiff completed the registration of the commencement of compulsory auction on the said real estate on January 12, 2018. On October 24, 2018, the said court rendered the said judgment to the Plaintiff, a person holding the provisional attachment right 2003Kadan878, the Jeonju District Court 2003Kadan878, the Plaintiff, a person holding the right to demand distribution based on the judgment 10,637,149 of the Jeonju District Court 205Kadan26986, the Jeonju District Court 2083,883,80, 2308, 104, 203Kaju District Court 676, 2506, 2796, 2796, 2796, etc.79.

E. The plaintiff is present on the date of the above distribution and on the total amount of dividends to the defendant.

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