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(영문) 제주지방법원 2019.04.22 2018가단61484
배당이의
Text

1. Of the distribution schedule prepared on August 31, 2018 by the said court with respect to the Jeju District Court C's auction of real estate.

Reasons

1. The following facts are acknowledged according to each description of Gap evidence Nos. 1-14 (including each number), and the purport of the whole pleadings.

The Plaintiff is the right holder of the right to collateral security (No. 5) established on June 29, 2015 (No. 342,720,000 won with respect to the pertinent real estate, and No. 342,720,000 won with respect to the pertinent real estate), set forth on June 29, 2015, and the Defendant is the right holder of the right to collateral security (No. 68,90,000 won with respect to the instant real estate and No. 3) established on July 21, 2009.

The loan of KRW 53,00,000 (13,736,416,736,416) as of August 7, 2016, as of August 7, 2016, KRW 11,601,491 (56,201,491) as of July 10, 2013, the principal amount of the loan of KRW 7,904,110,000 as of July 10, 2013, was KRW 60,000,000,000 as of July 10, 2013, and this amount is the remainder after the Plaintiff issued a credit guarantee certificate.

2,475,938 won 10,380,048 Won 105,50,504,110 won 27,813,845 won 13,317,955 won in the case of an order-based auction of real estate entered in the order, the defendant submitted a claim statement for the following particulars:

In the above auction case, the court prepared on August 31, 2018 the same distribution schedule as the attached Form on the date of distribution.

On the date of the above distribution, the plaintiff raised an objection against KRW 3,462,410 out of the amount of dividends of the defendant.

2. Each loan does not exceed the scope of secured debt against the Defendant E refers to “net 1 loan,” etc. by the sequence of front marks for convenience.

There is no dispute between the parties that the obligation of loans Nos. 1 and 1 falls under the secured obligation of the defendant's right to collateral security.

(However, on August 31, 2018, the amount of principal and interest remaining as of August 31, 2018 will live in the following 3.3.

2. A loan borrowed by No. 2 without the establishment of a physical security or provision of a personal security, that is, a credit loan, has no dispute between the parties.

On the other hand, the Plaintiff’s loan No. 2 is the Defendant.

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