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(영문) 광주지방법원목포지원 2017.12.20 2017가단4599
배당이의
Text

1. The document prepared by the said court on July 12, 2017 with respect to the F real estate auction case in the Gwangju District Court wooden Branch.

Reasons

1. Facts of recognition;

A. On August 2013, the Plaintiff loaned KRW 9,620,000,00 to G Co., Ltd. (hereinafter “G”) at ordinary interest rate of KRW 4.5% per annum, overdue interest rate of KRW 9% per annum, etc. In order to secure this, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the 201-dong No. 101 and 128 households, which are owned by G on August 29, 2013 (hereinafter “instant apartment”).

B. Meanwhile, Defendant A is the lessee under 202 Dong 302, Defendant B, the lessee under 203 Dong 103, the lessee under 202 Dong 602, Defendant C, the lessee under 203 Dong 602, Defendant D, the lessee under 203 Dong 101, the lessee under 203 Dong 101, and Defendant C, and the lessee under 202 Dong 303, the instant apartment.

C. On June 16, 2016, the Plaintiff filed an application for the instant voluntary auction with respect to 7 households unsold in lots of the instant apartment complex in accordance with the instant collective security right, and stated “the amount claimed” as “the amount of KRW 538,600,620 and KRW 515,000,000, out of the said money,” as “the amount of KRW 538,60,620, and the amount of KRW 515,000,000 from June 10, 2016 to the date of full payment.”

On June 16, 2016, upon the Plaintiff’s application, the instant voluntary auction procedure was commenced regarding seven households among the instant apartment units, and the completion period for demand for distribution was designated as August 30, 2016. On May 1, 2017, a decision of permission to sell to the highest bidder was issued, and the date of distribution was designated on July 12, 2017.

E. On June 19, 2017, the Plaintiff submitted a bond account statement stating “the amount claimed to the above court,” including “the principal amount of KRW 515,00,000,000, and the interest for delay calculated at the rate of 9% per annum from December 3, 2015 to July 11, 2017,” etc.

F. The above court, while distributing the amount of KRW 786,968,064 to be actually distributed on July 12, 2017, distributes the amount of KRW 786,968,064, according to the amount of claims stated in the application for auction to the Plaintiff, the applicant creditor, the third priority, and the lessee.

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