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(영문) 춘천지방법원 원주지원 2018.11.21 2018가단301533
배당이의
Text

1. On March 8, 2018, concerning auction cases for partition of co-owned property in Chuncheon District Court B, the above court held as to the auction cases for partition of co-owned property.

Reasons

1. Basic facts

A. C is each owner of one-half shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C On August 13, 199, on each of the real estates 1 through 6, 8 through 10 listed in the separate sheet, C completed the registration of creation of a mortgage with the maximum debt amount of KRW 70,000,000 with respect to each of the real estates 1/2 shares in the attached sheet, and on August 18, 1999, the registration of creation of a mortgage with respect to each of the real estates 1/2 shares of KRW 60,00,000,000 with respect to each of the set forth in the separate sheet on August 18, 199.

(hereinafter referred to as “instant collateral security” in entirety, which C has delivered to the Defendant, shall be deemed as either the instant collateral security.

D. On December 9, 1999, the Korea High Court rendered a judgment against C that “C shall pay the amount equivalent to KRW 19,209,012 and 25% per annum from March 31, 1999 to the date of full payment” to “C shall pay the amount equivalent to KRW 19,209,012 and the amount equivalent to KRW 25% per annum from March 31, 1999 to the date of full payment.”

The above judgment becomes final and conclusive around that time, and the plaintiff acquired the above loan claim from the malicious Credit Union against C, and received the succeeded execution clause regarding the above judgment.

C. On March 8, 2018, an auction procedure for partition of co-owned property was commenced as to the instant real estate B, and in allocating KRW 384,207,318 to be actually distributed on the date of distribution on March 8, 2018, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”), such as the amount of KRW 130,00,000 to the Defendant, who is the first priority collective security right, as shown in the attached Table distribution schedule, and the amount of KRW 110,228,152 to the Plaintiff, who is the person having the right to demand a distribution, who is the same first priority right, as the amount of claim, the amount of KRW 17,489,837 out of the amount of claim 110,28

The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 92,738,315 out of the Defendant’s dividend amount of KRW 130,000,000, and filed a lawsuit of demurrer against distribution on March 12, 2018, which was within one week thereafter.

[Ground of recognition] There is no dispute.

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