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(영문) 창원지방법원진주지원 2016.11.15 2015가단7882
배당이의
Text

1. It was prepared by the said court on August 10, 2015 with respect to the case of Jinwon District Court D or E real estate auction.

Reasons

1. Basic facts

A. On November 22, 2007, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was registered under the name of the Plaintiff. However, Defendant B Co., Ltd. (hereinafter “Defendant B”) completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) on the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) on June 7, 2012, with regard to the debtor, the maximum debt amount of KRW 10,000,000. Defendant C (F prior to the opening of the title) on each of the instant real estate on September 26, 2012, completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of the mortgagee C, the debtor, the Plaintiff and G, the maximum debt amount of KRW 210,000,000.

B. On September 30, 2013, the subordinate agricultural cooperative, the mortgagee of the instant real estate, filed an application for the commencement of voluntary auction with respect to each of the instant real estate on September 30, 2013, and carried out the auction procedure D in this court. Defendant C again filed an application for voluntary auction with respect to the instant real estate on February 14, 2014, and the said two auction procedures overlap.

On August 10, 2015, on the date of distribution, the auction court distributed KRW 24,500 to the subordinate Gun, KRW 390,000 to the subordinate Gun, and KRW 10,000,000 to the Defendant B as a mortgagee, and made a distribution schedule (hereinafter “instant distribution schedule”) to distribute the remaining amount of KRW 114,198,163 to Defendant F.

C. The Plaintiff, as the debtor and owner, appeared on the above date of distribution, and raised an objection as to the dividend amount of the Defendants, and filed the instant lawsuit within seven days thereafter.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading

2. Determination as to Defendant B

A. The Plaintiff’s assertion 1 of the parties concerned and Defendant B agreed that Defendant B shall supply the steel to the Plaintiff, and the right to collateral security in Defendant B’s name is secured for the said construction cost.

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