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(영문) 광주지방법원 2015.08.21 2015가합870
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 26, 2010, the Plaintiff lent KRW 400,000,00 to D on the same day, and completed the registration of creation of each class of land listed in the separate sheet Nos. 1 through 5 owned by Nonparty E (hereinafter “each of the instant lands”) on the same day for the purpose of securing the said loans, with respect to each of the instant lands owned by Nonparty E (hereinafter “each of the instant lands”).

B. E newly constructs a building Nos. 6 through 14 of the [Attachment List Nos. 1, 3, and 4 (hereinafter “instant building”) on each land listed in the annexed Table Nos. 1, 3, and 4. At the same time, E completes the registration of ownership preservation on March 28, 2012, and completes the registration of ownership ownership for each of the instant land.

C. On July 17, 2012, the Defendant, as a registered credit service provider, lent KRW 130,00,000 to E with interest rate of KRW 36% per annum (39% per annum) and due date for payment on August 16, 2012 (hereinafter “instant loan”). For the purpose of securing the said loan, the Defendant completed the registration of the establishment of a mortgage for each building listed in the attached Tables 6 through 13, 200,000, totaling KRW 160,000 and maximum debt amount of KRW 80,000,000.

On December 28, 2012, the Plaintiff completed the registration of the establishment of a neighboring building in which additional maximum debt amount is KRW 520,000,000 regarding the instant building for the purpose of securing loan claims against the said D.

E. Each of the instant lands and buildings had been sold to a third party on December 10, 2014, as the Gwangju District Court B and C (Joint) (hereinafter “instant auction procedure”).

F. On January 28, 2015, on the date of distribution of the instant auction procedure, the said court prepared a distribution schedule of KRW 240,000,000 as a person of chonsegwon 160,000,000 as a person of chonsegwon with the second priority right, and KRW 80,000,000 as a person of the third priority right, and the Plaintiff distributed KRW 161,805,980 as a person of the second priority right, as a person of the second priority right (hereinafter “instant distribution schedule”). On the date of distribution, the Plaintiff appeared on the said date of distribution, and the Plaintiff appeared on the said date of distribution, and amount of KRW 240,00,000 for the Defendant among the instant distribution schedule.

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