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(영문) 수원지방법원 여주지원 2018.01.31 2016가합614
배당이의
Text

1. It was prepared on August 31, 2016 by the said court with respect to the case of the voluntary auction of real estate C in Suwon District Court branch.

Reasons

1. Basic facts

A. On May 16, 2014, the registration of creation of a joint collateral security (hereinafter “instant collateral security”) was completed on May 22, 2014, with regard to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The registration of creation of a collateral security (hereinafter “instant collateral security”) was completed on May 22, 2014, with regard to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The instant real estate Nos. 1 and 8 owned by the Plaintiff was completed to D, while the instant real estate Nos. 2-4 to E was completed between March 26, 2015 and April 14, 2015 on the ground that each of the instant real estate No. 5-7 was sold to F.

C. After that, in the voluntary auction procedure (hereinafter “instant auction procedure”) regarding each of the instant real estate, which was commenced on the basis of the instant right to collateral security (hereinafter “instant auction procedure”), the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 790,000,000 to the Defendant, who is the mortgagee of the right to collateral security (first order) among the amount to be actually distributed on August 31, 2016, among the amount to be distributed on the date of distribution. The Plaintiff, the debtor, was present on the date of distribution, and raised an objection against the Defendant’s total amount of dividends.

Meanwhile, in the instant auction procedure, the first-6, and 8 real estate were sold to G, D, and H, etc., and the request for auction of the instant real estate No. 7 was withdrawn.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, 13, 15, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Although the Plaintiff did not bear any obligation against the Defendant, the Plaintiff established the instant right to collateral security in the name of the Defendant with respect to each of the instant real estate in the name of the Defendant.

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