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(영문) 춘천지방법원 2016.10.11 2015가단55130
배당이의
Text

1. Of the distribution schedule prepared by the above court on November 17, 2015, with respect to C real estate compulsory auction cases.

Reasons

1. Basic facts

A. The Plaintiff’s claim and provisional attachment 1) The Plaintiff borrowed a total of KRW 279,500,000 from September 9, 2004 to December 31, 2006, and did not receive the remainder of KRW 190,330,000 from repayment of KRW 89,170,00, and filed a lawsuit against D with the Incheon District Court 2013 Gahap19928, and completed the provisional attachment on November 13, 2014, “D shall pay KRW 190,30,000 annually to the Plaintiff and KRW 20,000 from October 25, 2013 to December 31, 206 (the above judgment became final and conclusive). The Plaintiff completed the provisional attachment 30,000,000 square meters of land owned by the Plaintiff (hereinafter “Seoul District Court 20,20,30,000,00,00).

B. On November 12, 2012, D registered the creation of a neighboring mortgage in the name of the Defendant was completed on November 12, 2012, the establishment registration of a neighboring mortgage in the amount of KRW 200 million (hereinafter “the establishment registration of a neighboring mortgage in the instant case”) with respect to the instant land, which was based on the obligor D and the maximum debt amount.

C. When the procedure for compulsory auction on the instant land was initiated as to the instant land upon the Plaintiff’s application and the procedure for compulsory auction was sold at the auction procedure, the auction court shall, on November 17, 2015, determine the remainder of 51,576,614 won after deducting the execution cost from the total sale price of the instant land and the interest thereon, as the actual amount to be distributed, on the first priority of the issuance authority (the pertinent tax), and the second priority of KRW 9,341,618, and third priority of KRW 111,570 to the National Forestry Cooperatives of Taecheon-gun, the mortgagee (the mortgagee), the mortgagee, the second priority of KRW 11,363,457, and the fourth priority of KRW 21,343,104 to the Plaintiff, the mortgagee, the mortgagee of provisional auction, the second priority of the distribution of KRW 18,343,104 won to the Defendant.

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