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(영문) 대구지방법원포항지원 2014.10.14 2013가단11797
배당이의
Text

1. The contract establishing a right to collateral security concluded on January 18, 2013 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s credit against B extended KRW 69,00,000 to B on April 1, 2010, and KRW 184,000,000 on April 2, 2010, respectively, to secure this, the Plaintiff completed the registration of establishment of a neighboring maximum debt amount of KRW 220,80,000 on the instant real estate owned by B on June 21, 2010.

B. The Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “instant contract”) with respect to the instant real estate on the ground of a contract to establish the same day (hereinafter “instant contract”) No. 4950, which was received on January 18, 2013 from the Daegu District Court Branch Branch of the Daegu District Court, the Defendant completed the registration of the establishment of a neighboring mortgage with the obligor B and the mortgagee as the Defendant.

(hereinafter “Registration of the instant collateral security”). C.

B’s active property at the time of January 18, 2013, the instant real estate amounting to KRW 350,000,000,000 for insolvent property as of January 18, 2013, and the small property was in excess of the debt amounting to KRW 253,00,000 for the Plaintiff and KRW 200,000 for the Defendant.

(The amount of 14,042,429 won against No. 14,042,429 is also deemed to have existed). D.

On the other hand, on April 10, 2013, the Plaintiff was determined to make a provisional seizure of KRW 37,749,492 exceeding the maximum debt amount of the Plaintiff’s principal and interest of loan as at the time of the provisional seizure of the instant real estate.

E. (1) On May 22, 2013, at the request of the Plaintiff, who is a mortgagee, the instant real estate, the auction procedure was commenced on May 22, 2013 (hereinafter “instant auction”), and Nonparty D acquired ownership in the said auction procedure on November 8, 2013.

(2) On November 27, 2013, the instant court: (a) distributed KRW 220,800,000 to the Plaintiff, a mortgagee, on the date of distribution; and (b) drafted a distribution schedule that recognizes the status of the mortgagee and distributes KRW 60,015,734 to the Defendant, respectively (hereinafter “instant distribution schedule”).

However, the amount distributed to the plaintiff as a creditor of provisional seizure.

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