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(영문) 수원지방법원 2019.11.27 2019가합13561
배당이의
Text

1. A distribution schedule prepared on April 9, 2018 by the said court with respect to the Suwon District Court C, D, and E (Dual) auction of real estate.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 and 3 (including the provisional number; hereinafter the same shall apply);

(2) Each entry, a substantial fact in this Court, the purport of the entire pleadings

A. As to the registration of creation of a neighboring mortgage of M on February 4, 2014, KRW 60 million, ③ the registration of creation of a neighboring mortgage of M on March 5, 2014, KRW 250,000,000,000,000 for the Defendant’s neighboring mortgage (hereinafter “mortgage”) on March 5, 2014, KRW 307,000,000,000,000 (hereinafter “instant real estate”), ④ the registration of creation of a neighboring mortgage of M on March 20, 2014 (hereinafter “mortgage”), ④ the registration of creation of a mortgage of M on March 5, 2014 (hereinafter “mortgage”), the amount claimed on October 20, 2014, KRW 71,256,600,000,000,000,000 for the creditor, who registered a provisional attachment, and KRW 50,000,000.

On November 17, 2016, M has completed the supplementary registration of M's transfer of right to collateral security.

B. On December 18, 2014, upon the Defendant’s application, a voluntary decision to commence auction was issued to Suwon District Court C on December 18, 2014, and on July 15, 2015, the Suwon District Court D and December 1, 2016, upon the application of L Cooperatives, rendered a decision to commence voluntary auction to Suwon District E, respectively.

C. On April 9, 2018, the said auction court prepared a distribution schedule that distributes the amount of KRW 543,769,591 as follows (hereinafter “instant distribution schedule”). The Plaintiff, a subordinate mortgagee, was not paid dividends. The Plaintiff appeared on the said distribution date and raised an objection against the total amount of the Defendant’s dividends, and thereafter filed the instant lawsuit on April 12, 2018.

The amount to be actually distributed to the creditor 543,769,591 unit: (1) The amount of the credit of the defendant 166,490,305,477,869,869,400,000 of the amount of credit of the defendant 166,490,869,869,400 292,961,812 - the maximum amount of debt of 260,000,600,000 - the amount of dividends of 166,490,260,000,0000,600,0000,223,603,101 won for dividends of 260,000,000, 603,603,101 won for dividends of 1234,200,000

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