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(영문) 광주고등법원(전주) 2016.01.28 2014나4151
배당이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2012, the Plaintiff: (a) attached the interest rate of KRW 150,00,000 to J Co., Ltd. (the trade name was changed to K, which was changed to E; (b) attached to June 23, 2012; and (c) lent KRW 150,000,000 to 30% per annum; and (d) notarized by a notary public as the law firm 2012 and 1460; (b) on July 13, 2012, the payment period of KRW 150,00,000 to D was set at 30% per annum; and (e) lent KRW 150,00,00,000 to E Co., Ltd. (hereinafter referred to as “E”); and (e) lent it to E Co., Ltd. (hereinafter referred to as “E”); and (e) lent it to 3913,2010,2000 per annum; and (c) lent 10,27.

B. On January 31, 2013, the Plaintiff concluded a mortgage contract with the Plaintiff, debtor, E, and maximum debt amount of KRW 500,000,00, respectively. On February 1, 2013, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) on the real estate stated in the attached real estate list (hereinafter “instant real estate”) by the Jeonju District Court’s Net Branch Registry No. 856, supra. 856.

C. On the other hand, on October 23, 2012, the Defendant completed the registration of creation of a mortgage on the instant real estate as the No. 7316, the Jeonju District Court’s Net Branch Registry, which was received at the 7316, the maximum debt amount of KRW 700,000,000, the debtor E,

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) D.

On November 15, 2012, the Bowal Savings Bank received a voluntary decision to commence the auction of the instant real estate from the Jeonju District Court (hereinafter “instant auction procedure”). In the instant auction procedure, the said court shall determine the amount to be actually distributed on May 12, 2014 as KRW 1,998,127,300, and the amount to be distributed to the Defendant, who is a collateral security, as KRW 356,097,564, as well as the amount to be distributed to the Plaintiff.

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