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(영문) 대전지방법원 홍성지원 2018.01.18 2017가합114
배당이의
Text

1. The red branch of the Daejeon District Court is among the distribution schedule prepared on December 14, 2016 with respect to AA real estate auction cases.

Reasons

1. Basic facts

A. 1) Medical Corporation AB (hereinafter “AB”) established by the Plaintiff’s claim against AB

(1) On May 30, 2013, in order to secure the instant loan obligation, the Plaintiff entered into a mortgage agreement with the private Saemaul Depository and completed the registration of creation of a mortgage over the maximum debt amount of KRW 2.6 billion as of June 11, 2013 (the maximum debt amount thereafter was changed to KRW 1.75 billion).

The foregoing right to collateral security (hereinafter referred to as the “instant right to collateral security”).

(2) On January 20, 2016, the Seoul Saemaul Bank transferred the instant loans to the Plaintiff, and notified the Plaintiff of the instant loans on February 3, 2016.

Accordingly, on February 3, 2016, the registration of transfer of the right to collateral security of this case was completed with respect to the real estate listed in the list as of February 2, 2016.

3) On February 3, 2016, the Plaintiff: (a) Davik Capital Co., Ltd., Ltd. (hereinafter referred to as “Gavik Capital”).

B) As to the Plaintiff, the Plaintiff borrowed KRW 1.755 billion from the interest rate and concluded a contract on the pledge of the instant collateral security right with the content of establishing the pledge right on the instant collateral security right. Accordingly, on February 3, 2016, the real estate indicated in [Attachment 2] as of February 2, 2016 (hereinafter “instant real estate”).

As to the instant mortgage, the registration for the establishment of the pledge right to the instant mortgage was completed. (B) On the date of the auction procedure for the instant real estate owned by AB, the auction procedure was initiated on the real estate recorded in the list No. 2, with Red Branch AA of the Daejeon District Court (hereinafter “instant auction procedure”).

2) On the date of distribution implemented on December 14, 2016, wage creditors, including the Defendants other than the Corporation, including the Defendants, were first and second, Defendant Labor Welfare Corporation received the second and third, the budget group received dividends, and then received dividends, the remaining dividends as the mortgagee of the right to collateral security, and the Plaintiff, the mortgagee of the right to collateral security, did not receive dividends (hereinafter “instant distribution schedule”).

was drawn up.

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