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(영문) 대구지방법원영덕지원 2015.04.21 2014가단1893
배당이의
Text

1. A distribution schedule prepared by the said court on September 24, 2014 with respect to the case of a voluntary auction of real estate B in Daegu District Court Young-gu District Court Young-gu.

Reasons

1. Basic facts

A. On November 5, 2012, the Pohang Livestock Industry Cooperatives completed the registration of the establishment of a mortgage on each real estate and movable property as indicated in the separate sheet in the Daegu District Court (Seoul District Court Decision 11469, Nov. 5, 2012, with respect to the maximum debt amount of KRW 280,000,000,000 and the debtor’s original monthly income, as the maximum debt amount of KRW 11469, Nov. 5, 2012.

(hereinafter “instant mortgage”). B.

C On November 27, 2012, in order to secure the claim against the original World, the Daegu District Court completed the registration of creation of collateral security, which is the maximum debt amount of KRW 200 million, and the debtor's primary debtor's primary debtor's primary debtor's primary debtor's primary debtor's primary debtor.

The defendant acquired the right to collateral security from C around January 10, 2013.

C. On October 24, 2013, the Pohang Livestock Cooperatives filed an application for the commencement of a voluntary auction with the Daegu District Court, based on the instant collateral security, and the said court (B) voluntarily rendered a decision to commence the auction on October 24, 2013.

(hereinafter “instant auction procedure”). D.

On September 24, 2014, the above court prepared a distribution schedule (hereinafter referred to as the "distribution schedule of this case") that distributes the amount of KRW 23,520,289 to the applicant creditor (mortgage 1,208,086, and the amount of the distribution foundation in order 274,208,086 to the port livestock cooperatives (mortgage 2) in order 274,208, and 3 (attached Table 2), in order 50,733, the amount of the distribution foundation in order 296,219, and the amount of the distribution foundation in order 3 (attached Table 2) in order 296, 219, and the amount of the distribution foundation in order 296, 219, and 3 (attached Table 1, the distribution foundation) to the defendant who is the mortgagee of the distribution (hereinafter referred to as "the distribution schedule of this case").

E. On the date of distribution, the Plaintiff stated an objection against the Defendant’s dividends, and filed a lawsuit of demurrer against the distribution of this case.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 8, 9 (including each number), the purport of the whole pleadings

2. The dispute between the parties to the determination as to the cause of the claim.

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