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(영문) 춘천지방법원 2015.03.25 2014가합5845
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet on June 29, 2009 (hereinafter “instant real estate”), C Co., Ltd., on June 29, 2009, concluded that the Industrial Bank of Korea has completed the establishment registration of a mortgage with the maximum debt amount of KRW 540,00,000, and the debtor C as a stock company.

B. On December 11, 2012, C entered into a mortgage agreement with the Defendant with the maximum debt amount of KRW 300,000,000 as to the instant real estate and the debtor C (hereinafter “mortgage agreement”). On December 13, 2012, C entered into a mortgage agreement with the Defendant to which the debtor C was a stock company, and made a registration of the establishment of a neighboring mortgage to the Defendant.

C. On March 11, 2013, the Plaintiff filed an application for provisional attachment of KRW 255,600,000 with respect to the instant real estate by this Court Decision 2013Kadan296, the registration of provisional attachment was completed upon receipt of the said decision.

On April 9, 2013, the Plaintiff repaid KRW 21,00,000, which was part of C’s debt owed to the Industrial Bank of Korea, and C created the instant real estate to the Industrial Bank of Korea by C.

The registration of the establishment of a neighboring mortgage was partially transferred.

E. On June 5, 2013, the instant court rendered a decision to voluntarily commence the sale of the instant real estate upon the request of the Industrial Bank of Korea. The instant real estate was sold through a voluntary auction on June 24, 2014 (hereinafter “instant auction”), and the ownership transfer registration was made in the Defendant’s name on July 14, 2014.

F. On July 29, 2014, the date of distribution of the instant auction procedure, the court drafted a distribution schedule with the content that the Defendant, who is the mortgagee of the instant auction procedure, distributes the amount of KRW 840,777,817, and the actual amount of dividends, KRW 833,198,387, and KRW 1,307,915, and KRW 281,326,027,027, to the Defendant, who is the mortgagee of the instant auction, who was the mortgagee of the instant auction, partially transferred the right to collateral security (amounting to 21,00,000,000).

[Reasons for Recognition] Unsatisfy, Gap's 1 to 4, 7, .

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