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(영문) 의정부지방법원 2018.06.08 2017가단28061
배당이의
Text

1. Of the dividend table prepared on November 27, 2017 with respect to the auction of B real estate in this Court, the amount of dividends to the defendant is five.

Reasons

1. Basic facts

A. (1) On February 3, 2010, the Defendant completed the registration of the right to collateral security set forth as KRW 50 million on February 3, 2010, with respect to the forest land C, Pyeongtaek-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, 20 square meters.

around May 2012, the forest as seen above was divided into C forest land of 1,122 square meters and D forest land of 3,498 square meters.

B. On February 16, 2011, the auction of real estate E in this Court (hereinafter referred to as “1 auction”) had commenced on February 16, 201 with respect to F share of forest land before subdivision.

Luxembourg In the above auction case, the Defendant demanded the distribution of total of KRW 60 million, including the principal amount of KRW 50 million and interest KRW 10 million, as a mortgagee, and received dividends of KRW 50 million on November 25, 201.

C. On March 2, 2017, the auction of real estate B in this Court (hereinafter “2 auction case”) had been commenced on March 2, 2017 with respect to the portion G out of 3,498 square meters of D forest land after division (i.e., “2 auction case”).

Luxembourg In the above auction case, the Defendant demanded the distribution of KRW 5 million as a mortgagee, and received the distribution of KRW 5 million in the order of November 27, 2017.

Article 22(1) of the Civil Act provides that “The Plaintiff shall make a registration of collateral security as to the forests and fields D” (hereinafter referred to as “the maximum debt amount”) within the scope of KRW 348,00,00,000, and the Plaintiff shall make an application for the said auction.” The Plaintiff shall demand dividends of KRW 180,86,753 and received dividends of KRW 8,682,810,

Applicant raised an objection to the total amount of the Defendant’s dividends on the date of distribution, and on November 30, 2017, the Plaintiff filed the instant lawsuit.

[Evidence A] Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The assertion;

A. Since the Defendant received the allocation of the maximum amount of debt in the 1 auction case, the distribution schedule should be revised merely to the general creditor in the 2 auction case.

B. As long as the Defendant paid KRW 10 million out of the total amount of KRW 50 million to Defendant 1’s auction case, as the principal amount was appropriated for interest, the Defendant may receive dividends of KRW 10 million as a mortgagee in the second auction case.

3. The judgment-based joint mortgagee is part of the immovable property that is jointly secured.

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