logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.07.06 2015가합32523
배당이의
Text

1. Of the distribution schedule prepared on April 23, 2015 by the said court with respect to the auction case of real estate C in the Changwon District Court.

Reasons

1. Basic facts

A. On March 23, 2011, the Defendant established a corporation E (hereinafter “E”) in order to promote the instant project under the name of the Plaintiff and Changwon-si’s Headquarters D project (hereinafter “instant project”) and registered the Plaintiff as the representative director as the auditor, following consultation with the Plaintiff, while promoting the project.

B. E, by implementing the instant project, newly constructed an aggregate building (hereinafter “instant building”) on the Fline of Changwon-si, Changwon-si, and completed registration of ownership preservation on August 30, 2013 for each household.

C. On November 26, 2013, the Plaintiff completed the registration of each real estate listed in the separate sheet Nos. 1 through 9 among the instant buildings (hereinafter “each of the instant real estate”) with regard to the right to claim the establishment registration of a mortgage against E as the preserved right, with regard to the right to claim the establishment registration of a mortgage against E as the Changwon District Court 2013Kahap1019.

On March 12, 2014, the Defendant completed the registration of creation of a mortgage on each of the instant real property, the maximum debt amount of which is KRW 590 million, E, the debtor, and the mortgagee, as the defendant.

(hereinafter “instant collateral security”). E.

On September 24, 2014, upon the application of the Jinju Savings Bank Co., Ltd., the senior mortgagee of each of the instant real estate (hereinafter “Jinju Savings Bank”), the decision to voluntarily commence the auction was rendered to the Changwon District Court C on September 24, 2014 (hereinafter “instant auction procedure”), and the final date of demand for distribution in the instant case was December 9, 2014.

F. On December 3, 2014, the Plaintiff obtained a decision of provisional seizure with the Changwon District Court 2014Kadan30832, which made the claim amounting to KRW 850 million with respect to each real estate of this case, and completed the registration of provisional seizure, and submitted an application for demand for distribution to the auction court on December 4, 2014.

G. On December 8, 2014, the Defendant calculated by adding the principal amount of claims against E to the auction court as KRW 540,000,000, interest and expenses to KRW 50,805,940.

arrow