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(영문) 전주지방법원군산지원 2014.04.10 2013가합10606
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. On December 15, 2009, the Plaintiff changed the name of the Plaintiff into a future 2 mutual savings bank, future 2 mutual savings bank, company future 2 savings bank, October 13, 2010, and Switzerland Savings Bank, Inc. on April 12, 2012. On January 28, 2010, the Plaintiff completed the provisional attachment registration on the same day upon receipt of a provisional attachment decision of KRW 150,000,000 for the real estate of this case (Seoul District Court 2010Kadan141), and on April 16, 2010, the Defendant completed the registration of the provisional attachment on the same day with respect to the real estate of this case on the grounds of the mortgage contract of this case as to the debtor B, maximum debt amount of KRW 150,00,000,000 (hereinafter “the establishment registration of the mortgage of this case”).

B. Since then, on July 24, 2012, the Plaintiff applied for a compulsory auction for the instant real estate and completed the registration of the compulsory auction commencement decision on the same day upon receipt of the compulsory auction commencement decision A with the Jeonju District Court Military Branch A.

C. On May 27, 2013, the instant real estate was sold at KRW 351,00,000, and on the date of distribution (hereinafter “instant date of distribution”) of the instant real estate held on June 26, 2013, the Plaintiff appeared as a person having the right to demand a distribution, each of the right to demand a distribution, and each of the creditors, Defendant and Han Bank Co., Ltd., as a creditor, Defendant and Han Bank, C, D, and Mowon Co., Ltd., Ltd., at the time of the distribution of the instant real estate held on June 26, 2013, the Plaintiff appeared as a person having the right to demand a distribution. Of the total amount to be distributed, KRW 347,61,265,098 (i.e., KRW 3,646,750), the execution cost of which was KRW 181,706,695, and KRW 14949,767,7816,75, Jul. 16, 17.

The Plaintiff attended the date of distribution of this case and raised an objection against the whole amount of distribution to the Defendant.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings.

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