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(영문) 청주지방법원 충주지원 2018.01.17 2017가단3041
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The land of this case was owned by D Co., Ltd. (hereinafter “D”). The ownership transfer registration was completed on September 1, 2016 due to the sale and purchase as of August 30, 2016, and the land of this case was owned by D, while the ownership transfer registration was completed on October 19, 2015 due to the sale and purchase as of October 13, 2015.

B. As to each of the instant land, the Seongdong Saemaeul Community Fund (formerly known as the Saemaul Community Fund) completed the registration of the establishment of a collateral security right with the maximum debt amount of KRW 70 million on December 4, 2013 in order to secure the loan claims against D. On January 3, 2014, H completed the registration of the establishment of a collateral security right with the maximum debt amount of KRW 120 million on January 3, 2014.

C. D’s delayed repayment of loan obligations, the Daisung Saemaul Depository filed an application for the auction of real estate rent to the Chungcheong District Court B with respect to each of the instant lands based on the aforementioned collateral security, and received the order of commencement on September 13, 2016.

(hereinafter “instant auction procedure”). D.

On February 8, 2017, the Defendant acquired the above-mortgaged claim from H and completed the supplementary registration of the transfer of the right to collateral security on March 9, 2017, and reported it to the executing court around that time.

E. Meanwhile, on November 11, 2016, when the instant auction procedure was in progress, the Plaintiff was executed on the same day upon receipt of the provisional attachment order regarding the instant land No. 1 by having the Cheongju District Court 2016Kadan1018 as the claim for the labor cost of KRW 18 million against E as the claim for the labor cost of KRW 18 million. On November 18, 2016, the Plaintiff asserted that he/she is the wage obligee for E and demanded the distribution of KRW 18 million to the executing court.

F. On July 26, 2017, a court of execution shall pay the amount of dividends to the plaintiff as zero won, and the amount of dividends is KRW 317,073,697 out of KRW 413,470,328, and the remainder of KRW 96,396,631 out of KRW 413,470,328 is equal to the distribution schedule that distributes the amount to the defendant who is the transferee of the right to collateral security H.

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