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(영문) 수원지방법원 성남지원 2018.05.16 2017가단218184
배당이의
Text

1. Of the instant lawsuit, each of the instant lawsuits against Defendant C and D and the claim for the cancellation of the contract to establish a mortgage against Defendant B, 131,688.

Reasons

1. Basic facts

A. With respect to the Plaintiff’s claim against E, the Plaintiff completed the registration of the establishment of a mortgage on March 2, 2016, the maximum debt amount of KRW 10 million, and the debtor E, and (2) on August 30, 2016, the Plaintiff completed the provisional attachment order with the amount of KRW 131,68,595 against E from the members of the Suwon District Court’s Pyeongtaek Housing Site as the preserved claim, with regard to the goods payment claim of KRW 131,68,595 as the preserved claim.

B. As to the instant real estate on June 30, 2016, E’s disposal of property: (a) between Defendant B and Defendant C, the maximum debt amount was KRW 470 million; (b) between Defendant C and Defendant C, the amount of KRW 50 million; and (c) between Defendant D and the maximum debt amount, the amount of KRW 50 million was set to each collateral security agreement (hereinafter “each collateral security agreement”). On the same day, each collateral security agreement was completed against the Defendants on the same day.

C. (1) On October 6, 2016, the Defendant joining the Defendant, who had a claim for payment order against E with respect to the instant real estate, filed an application for a compulsory auction on the instant real estate before October 7, 2016, and the procedure for compulsory auction (hereinafter “instant auction procedure”) was commenced on October 7, 2016 with the Suwon District Court SupportF for Sungnam Branch Court (hereinafter “instant auction procedure”).

After that, the instant real estate was sold on June 13, 2017 at the above auction procedure, and accordingly the registration of establishment of each of the instant real estate was revoked.

(2) In the instant auction procedure, on August 10, 2017, the auction court distributed to the Plaintiff KRW 10 million as a creditor of the right to collateral security, and did not make any distribution to the Plaintiff as a person holding the right to collateral security at all. Meanwhile, on the other hand, Defendant B prepared a distribution schedule by allocating KRW 238,627,384 as a mortgagee, Defendant C as a mortgagee, KRW 25,385,940 as a mortgagee, and KRW 25,385,940 as a mortgagee to Defendant D as a mortgagee (hereinafter “instant distribution schedule”).

(3) On August 10, 2017, the date of distribution by the Plaintiff is the auction court.

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