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(영문) 창원지방법원 통영지원 2018.07.17 2017가단25184
배당이의
Text

1. A distribution schedule prepared by the said court on September 20, 2017 with respect to the case of the voluntary auction of D real estate located in Changwon District Court through the Changwon District Court.

Reasons

1. Facts of recognition;

A. On June 21, 2006, the Korea Deposit Insurance Corporation filed a lawsuit against the Central Industry Co., Ltd. (hereinafter “Central Industry”) and E for a loan claim against the Changwon District Court 2006Da2772. The Plaintiff (formerly changed: the Korea Deposit Insurance Corporation) succeeded to the above lawsuit after acquiring the loan claim against the Central Industry and E from the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Bankrupt Common Credit Cooperatives. The above court rendered a judgment in favor of the Plaintiff on June 21, 2006, that “the Defendant jointly and severally agreed with the Plaintiff’s succeeding intervenors to pay the amount of KRW 48,142,105 and KRW 29,56,360 calculated annually from October 13, 2001 to the date of full payment.”

B. On December 26, 1997, the Kyoung Credit Union (hereinafter “instant land”) had registered the creation of a mortgage over KRW 30,000,000 with respect to F forest land 72,09m2 (hereinafter “the instant land”) in Changwon District Court’s receipt of a branch support, under the title of Article 26654, with respect to the land owned by the Central Industry, and was transferred on May 25, 2009 by the Plaintiff on the ground of the transfer of the finalized claim.

C. On June 3, 1998, Defendant A completed the establishment registration of a mortgage of KRW 50,000,000 (hereinafter “mortgage of this case”) with respect to the land of this case as the Head of Changwon District Court No. 11006, the maximum debt amount of KRW 50,000,00.

As to the land of this case, Defendant B received a provisional attachment order with the amount claimed on June 10, 1998 as KRW 60,000,000,000, under which the amount claimed on June 10, 1998 was KRW 98Kadan2533, Changwon District Court, the amount claimed on January 13, 199 as KRW 15,00,000,000, respectively.

E. The plaintiff is the central industry and E.

On June 16, 2016, for the interruption of extinctive prescription of the claim for judgment deposit stated in the claim, the obligor filed an application for a payment order with the Seoul Central District Court No. 2016 tea2930 against the Central Industry and E, and the above court held on July 4, 2016 as the obligor jointly and severally 48.

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