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(영문) 광주지방법원순천지원 2019.11.05 2018가단1173
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 15, 1975, the Plaintiff completed the registration of transfer of ownership on December 31, 1974 with respect to each share of 1,626/2,804 (hereinafter “Plaintiff’s respective share of this case”) among the respective real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On December 21, 2005, the Plaintiff completed on December 21, 2005, the joint creation registration of a mortgage consisting of the maximum debt amount of 70,000,000 won for each of the instant shares to E on December 21, 2005.

(hereinafter referred to as “instant joint collateral security”) C.

With respect to each share of the Plaintiff, the Gwangju District Court rendered a voluntary decision on the commencement of auction on May 19, 2017 (D) and the registration of the entry of the decision on commencement of auction was completed on May 22, 2017.

The Defendants completed the registration of ownership transfer on November 20, 1993 with respect to shares 2,439/9,814 (the part of the Plaintiff’s shares in this case; hereinafter “Defendant’s shares”) among each of the instant real estate on November 27, 2017, based on the completion of the prescription for possession.

E. In the case of the instant voluntary auction for real estate rent D (hereinafter “instant voluntary auction”), Gwangju District Court: (a) sold each of the instant shares to KRW 253,452,00 on December 18, 2017; and (b) the said court, on January 30, 2018, distributed KRW 70,357,343 to the applicant-mortgage E, a creditor of the instant joint collateral security; (c) distributed KRW 90,178,671 to Defendant C, a third acquisitor, a third acquisitor, a surplus of KRW 90,178,671, and a distribution schedule to distribute surplus of KRW 90,178,672 to Defendant B, a third acquisitor (hereinafter “instant distribution schedule”).

F. On the above date of distribution, the Plaintiff asserted that the amount equivalent to the Plaintiff’s share 1,626/19,628 among the surplus funds ought to be distributed to the Plaintiff, and raised an objection against a part of each dividend amount against the Defendants stated in the instant distribution schedule, and seven days thereafter.

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