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(영문) 청주지방법원 2016.09.28 2015가합22820
배당이의
Text

1. As to the Cheongju District Court C, D, E (Dual) compulsory auction case, it was drafted by the above court on September 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and selling various mixed feeds.

The non-party F Agricultural Partnership (hereinafter referred to as the “F”) is a company established for the purpose of the management, etc. of agriculture and fisheries, and the non-party G is the husband of the non-party H, the representative of the F, who actually operates the F.

B. On November 24, 2011, F, G, and H issued a note of KRW 700 million at par value to the Plaintiff, the payee, the Plaintiff, the place of issuance, the place of payment, and the place of payment, each of the Incheon City City road, the place of payment, and the place of payment, and the date of payment, and a notary public prepared and issued a notarial deed as No. 779, which 201, in order for the Plaintiff to enforce compulsory execution against the said note.

C. Of the real estate listed in the separate sheet owned by G (hereinafter “instant real estate”), Defendant I completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) on October 21, 201 with respect to the real estate listed in the separate sheet Nos. 2 through 6 of the separate sheet as to the real estate listed in the separate sheet Nos. 2 through 50,000,000.

On December 6, 2013, Cheongju District Court C, D, and E (Dual) rendered a decision to commence compulsory auction on the instant real estate.

On September 18, 2015, the executing court of the above auction prepared the following distribution schedule (hereinafter “instant distribution schedule”) with regard to KRW 376,727,266 of the amount to be actually distributed on the date of distribution:

The dividends on the grounds of dividends priority creditors 1 National Agricultural Cooperative Federation’s creditor-mortgage 68,600,000 100% 100% 2 Defendant B-mortgage 89,944,783 59.96% on Defendant B-mortgage 2, Defendant A-mortgage 127,182,483 84.79% on Defendant A-mortgage 127,483

E. Meanwhile, the Plaintiff appeared on the aforementioned date of distribution and stated an objection against the entire dividend amount of the Defendants. On September 23, 2015, the Plaintiff filed the instant lawsuit.

[Ground of recognition] The fact that there is no dispute, and each number of Gap's 1 through 5 is included;

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