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(영문) 인천지방법원 2016.01.14 2015가단12894
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. On November 27, 2013, with respect to the attached real estate indicated in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. On May 26, 2006, the Plaintiff loaned KRW 121,00,000 to Nonparty B, who owned the pertinent real estate indicated in the separate sheet (hereinafter “instant real estate”), and completed the registration of the Incheon District Court and the registration of the establishment of a mortgage over the instant real estate at KRW 4959, May 26, 2006, which was received on the registration of the Incheon District Court and KRW 4959, the maximum debt amount of KRW 157,30,000. The Plaintiff completed the registration of the establishment of a mortgage over the instant real estate, which was provided by the Incheon District Court to the Plaintiff as a physical collateral, with respect to the instant real estate that was provided by the Incheon Construction Corporation as a physical collateral, the registration of the Incheon District Court and the registration of the establishment of a mortgage over the maximum debt amount of KRW 130,000,000.

B. B, from November 26, 2013, began to delay the repayment of the above loan obligation, and the Plaintiff filed an application for the auction of the instant real estate C with this court as to the instant real estate.

C. On November 27, 2013, the Defendant asserted that the instant real estate was leased (hereinafter “the instant lease”) by setting the lease deposit amount of KRW 22,00,000,00 from the foregoing B during the lease period from December 9, 2013 to December 9, 2015, and filed an application for a report on the right and a request for distribution on September 15, 2014, which is the said auction case.

On July 11, 2014, the court commenced the discretionary auction procedure for the above real estate. On March 5, 2015, the court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 16,00,00 among the amount of KRW 250,074,866 to be actually distributed on the date of distribution to the Defendant of small amount, and KRW 326,980 to the Defendant of Incheon Yeonsu-gu in the second order, and KRW 142,359,610 to the Defendant of small amount, and KRW 142,359,610 to the applicant creditor, the Plaintiff, and KRW 91,38,276 to the Plaintiff.

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the total amount of distribution to the Defendant (the Plaintiff did not receive a part of the amount of claim in the said fourth distribution), and filed the instant lawsuit on March 10, 2015, which was within seven days thereafter.

[Ground of recognition] dispute.

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