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(영문) 전주지방법원 2015.01.14 2014가단24145
배당이의
Text

1. Of the distribution schedule prepared on July 2, 2014 by the above court with respect to B real estate compulsory auction cases in the Jeonju District Court B.

Reasons

1. Basic facts

A. With respect to the registration of the establishment of a neighboring mortgage (hereinafter “the entire registration of the establishment of a neighboring mortgage of the instant case”) in the name of the Plaintiff as follows, the entire registration of the establishment of a neighboring mortgage of the Plaintiff (hereinafter “the entire registration of the establishment of a neighboring mortgage of the instant case”) was completed in the order of the establishment of a neighboring mortgage of the 1002 square meters (hereinafter “the registration of the establishment of a neighboring mortgage of the instant case”).

① Jeonju District Court No. 1420, Jan. 9, 1996; ② the obligor E, the obligor, the maximum debt amount of KRW 20 million; ② the Jeonju District Court No. 36356, Apr. 25, 1997; ③ the obligor C, the obligor, the maximum debt amount of KRW 30 million; ③ the Jeonju District Court No. 44183, May 21, 1997; the obligor C, the maximum debt amount of KRW 60 million.

B. On April 30, 2007, the Plaintiff agreed on June 27, 1997 to repay KRW 250 million out of the existing loan amount to the Plaintiff on June 27, 1997, when the Plaintiff continued to engage in monetary lending and borrowing transactions with C, as the Jeonju District Court 2007Gahap3901, and upon receiving a favorable judgment on January 17, 2008, the Plaintiff filed a lawsuit claiming payment of the above loan amount by asserting that C, etc. jointly and severally guaranteed the above obligation, and upon receiving a favorable judgment on January 17, 2008, C, etc. filed an appeal against the above judgment (the Jeonju High Court 2008Na622). However, on October 31, 2008, the judgment of the first instance became final and conclusive as it is.

C. On January 29, 2003, the Defendant filed a claim for reimbursement against C by the Gwangju District Court Decision 2002Kadan53754, and sentenced C to the judgment that “C shall pay damages for delay of KRW 52,024,658 and 51,512,328 among them,” and the above judgment became final and conclusive.

1. The Defendant filed a lawsuit against the Plaintiff on behalf of the Plaintiff regarding the claim for reimbursement against C as the preserved right, claiming that the secured claim of each of the instant collective security claims was extinguished upon the repayment or completion of the extinctive prescription of the secured claim of the instant case by the Jeonju District Court 2013No3622. The Defendant filed a lawsuit seeking the cancellation of the registration of the establishment of each of the instant collective security claims, and the Plaintiff

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