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(영문) 전주지방법원 2014.11.12 2014가단8914
배당이의
Text

1. As to the cases of compulsory auction of immovables C, D (Dual), E (Dual) by the previous district court, the said court prepared on March 10, 2014.

Reasons

1. Basic facts

A. On October 1, 2003, the Plaintiff lent KRW 28.5 million to F, and on May 16, 2004, the Plaintiff filed a loan claim lawsuit with F by Seoul Northern District Court Decision 2004Da7894, and sentenced F to the judgment that “F shall pay to the Plaintiff the amount of KRW 28.5 million and the amount calculated by the rate of KRW 20% per annum from May 1, 2004 to the date of full payment,” and the above judgment became final and conclusive as it is.

B. On February 18, 2013, F entered into a mortgage agreement with the Defendant (hereinafter “mortgage agreement”) with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by the Defendant, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) of KRW 150 million with the maximum debt amount to the Defendant.

C. In the process of compulsory auction (in the Jeonju District Court C, D (Dupl), and E (Dupl) on the instant real estate commenced upon the Plaintiff’s request, the auction court prepared a distribution schedule that distributes the amount of KRW 465,549,646, which is the date of distribution, to be actually distributed on March 10, 2014, as follows (hereinafter “instant distribution schedule”).

- Full-time District Court - 5,572,520 won - 320,000 won for 320,000,000 won for 2,075,580 won for 3,95,570 won for 3,953,570 won for 3,570 won for 3,225,625 for 1,225 for National Health Insurance Corporation: 111,570,625 - - 111,572 for 165,622 for 5: 20,986,587 for 5,561 won for 165,00 for 5th provisional attachment: 0 won for 20,986,587 for 5th provisional attachment:

D. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed to the Defendant, and on March 14, 2014, the Plaintiff filed a lawsuit of demurrer against distribution of the instant case.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1 to 4】

2. Determination as to the claim

A. The plaintiff 1.

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