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(영문) 청주지방법원 2015.08.20 2014가합4061
배당이의
Text

1. Of the distribution schedule prepared on December 12, 2014 by the said court with respect to the Cheongju District Court B real estate auction case.

Reasons

1. Basic facts

A. In the case of the Plaintiff and C, the Seoul Eastern District Court 2012Ga2437 (Main District Court), and the 2013Gahap17078 (Counterclaim), the said court rendered a judgment that on February 7, 2014, C would pay to the Plaintiff KRW 360,720,042 and the amount equivalent to 6% per annum from January 19, 2012 to February 7, 2014, and the amount equivalent to 20% per annum from the next day to the day of full payment, and the said judgment became final and conclusive on February 28, 2014.

B. C) On February 18, 201, the National Federation of Fisheries Cooperatives, the National Federation of Fisheries Cooperatives, the maximum debt amount of 2,160,000,000,000 won was loaned from the National Federation of Fisheries Cooperatives and completed the registration of the establishment of a mortgage over D land and a building on the ground (hereinafter “instant real estate”) in order to secure the above loan obligations.

C. In addition, C took out a loan of KRW 200,000,000 from a new bank (hereinafter “new bank”) and completed the registration of creation of a collateral for the instant real estate on May 19, 201, with a view to securing the said loan’s obligation.

On January 21, 2013, the defendant, who is a partner of C, has completed a supplementary registration of the transfer of right to collateral security under the name of the new bank, transferring the right to collateral security under the name of the defendant for the reason of transfer of the contract.

(hereinafter referred to as the “mortgage”) transferred in the name of the Defendant shall be deemed to be the instant collateral security.

In the Cheongju District Court B’s auction on the instant real estate, on December 12, 2014, the auction court prepared a distribution schedule stating that the amount of KRW 2,638,360,064, out of the sales price of the instant real estate, 12,755,610, out of the amount of KRW 12,755,61 (i.e., KRW 1,951,690, KRW 10,803,920), which is to be distributed to the head of the Cheongju-si District Court (i.e., KRW 1,951,690), KRW 2,057,863,992, which is to be distributed to the Defendant, and the Plaintiff prepared a distribution schedule that distributes the amount to the Defendant respectively.

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