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(영문) 수원지방법원성남지원 2020.09.15 2019가단21049
배당이의
Text

1. On November 21, 2019, set up by the above court with respect to the compulsory auction of real estate C in Suwon District Court Sung-nam District Court.

Reasons

1. Basic facts

A. On December 14, 2016, the Plaintiff holds monetary claims with an executory exemplification of KRW 90,00,000 per annum from December 17, 2013 to May 28, 2014 and KRW 20% per annum from the following day to the date of full payment (hereinafter “instant Claim 1”).

B. In addition, the Plaintiff is a creditor who holds an executory exemplification of KRW 11,160,540 monetary claims of KRW 11,160,540 (hereinafter “instant Claim 2”) as the Suwon District Court Branch Decision 2017Kadan8047 decided on April 22, 2017.

C. On March 18, 2019, the Plaintiff, with the instant Claim No. 2, filed an application for compulsory auction of real estate E Apartment F apartment in Gwangju-si, Gwangju-si, with the Plaintiff, and filed an application for compulsory auction of real estate apartment units D, and there was a decision to commence compulsory auction on March 19, 2019.

D On March 22, 2019, the Defendant entered into a mortgage agreement on the above apartment (hereinafter “mortgage agreement”) with the Defendant, and on the same day, the Defendant completed the registration of establishment of mortgage on the maximum debt amount of KRW 120,000,000 to the Defendant.

E. On April 23, 2019, the Plaintiff filed a report on the right and a demand for distribution of the instant claim Nos. 1 and 2 in the said auction procedure.

F. In the above auction procedure, Sung-nam branch of Suwon District Court opened a distribution date on November 21, 2019, and distributed KRW 26,507,666 in the order of five order to the Defendant, and set up a distribution schedule that distributes KRW 992,572 in the same order to the Plaintiff.

On November 27, 2019, the Plaintiff raised an objection to the total amount of dividends to the Defendant on the date of distribution.

G. On the other hand, on August 5, 2019, the Plaintiff concluded the instant mortgage contract against the Defendant as the Sungwon District Court Branch 2019Kadan13642.

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