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(영문) 춘천지방법원 속초지원 2018.11.16 2018가단642
배당이의의 소
Text

1. It was prepared on April 23, 2018 with respect to the case of the voluntary auction of the real estate B located in the Chuncheon District Court.

Reasons

1. Basic facts

A. On December 22, 2015, the Plaintiff received a provisional attachment order as Seoul Central District Court 2015Kadan2415 (hereinafter “instant provisional attachment”) with respect to 1/2 shares equivalent to D’s shares among each real estate listed in the separate attachment list (hereinafter “D’s shares”), and completed the provisional attachment registration on the same day.

B. On November 2, 2016, the Defendant completed the registration of the creation of a mortgage (hereinafter “mortgage”) that is the Defendant as the mortgagee of the right to collateral security (hereinafter “mortgage”) on October 31, 2016, with respect to the instant share, etc., KRW 1.2 billion with the maximum debt amount arising from the contract to establish a contract as of October 31, 2016.

C. On April 23, 2018, the court of execution prepared a distribution schedule (hereinafter referred to as the “distribution schedule of voluntary auction of this case”) and the same distribution schedule (hereinafter referred to as the “distribution schedule of voluntary auction of this case”) with the content that distributing KRW 30,87,169 to the Defendant, on the ground that he/she is the person holding the provisional seizure of this case, on the ground that he/she is the person holding the provisional seizure of this case, and on the ground that he/she is the person holding the right to collateral security of this case, the court of execution prepared a distribution schedule with the content that distributes KRW 30,887,169 to the Defendant, on the ground that he/she is the person holding the right to collateral security of this case.

The Plaintiff appeared on the date of distribution, and raised an objection against the whole amount distributed by the Defendant. On April 30, 2018, the Plaintiff filed a lawsuit of demurrer against the distribution of the instant case under the 2018Kadan642.

On June 25, 2018, the compulsory auction of real estate (hereinafter “instant compulsory auction”) was commenced for the portion of the real estate in the attached list No. 9 among the shares in the instant case, and on June 25, 2018, the execution court distributed KRW 12,282,130 to the Defendant on the ground that he/she is the mortgagee of the instant collective security, and prepared a distribution schedule as shown in the attached Table No. 1 (2) stating that he/she does not distribute to the Plaintiff (hereinafter “instant compulsory auction distribution schedule”).

The plaintiff is present on the date of the above distribution.

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