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(영문) 수원지방법원성남지원 2017.05.10 2016가단19410
배당이의
Text

1. It was prepared on August 11, 2016 by the above court with respect to the compulsory auction case of Suwon District Court E-real estate.

Reasons

1. Facts of recognition;

A. On April 26, 1994, F completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) with respect to the Plaintiff’s share 18.38/91.9m2 (hereinafter “instant share”) in Seongdong-gu Seoul Special Metropolitan City, Seongdong-gu, Sungnam-gu, Seoul Special Metropolitan City on April 26, 1994, under Article 33871, the obligor completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) consisting of F and the maximum debt amount of the Plaintiff, the mortgagee, and the mortgagee.

B. On August 11, 2016, the auction court prepared a distribution schedule that distributes the Plaintiff KRW 18,543,928, and KRW 13,000,000 to F, respectively (hereinafter “instant distribution schedule”) under the procedure for compulsory auction (hereinafter “instant procedure for compulsory auction”) with respect to the instant shares, for which Kim Jin-jin applied for and commenced as Sungwon District Court Sung-nam Branch E (hereinafter “instant compulsory auction”).

C. The Plaintiff appeared on the date of distribution and raised an objection to the entirety of F’s dividends, and thereafter filed the instant lawsuit on August 16, 2016.

On the other hand, the F died on November 4, 2004, and Defendant C and D, the wife of F, jointly inherited F’s property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. The Plaintiff asserts that since the statute of limitations has expired for the secured obligation of the instant right to collateral security, the amount of KRW 13,00,000 for F out of the instant distribution schedule shall be KRW 0,00, and KRW 18,543,928 for the Plaintiff shall be adjusted to KRW 31,543,928, respectively.

According to the above facts, the secured debt of this case is deemed to have been extinguished on April 26, 2004 after the expiration of ten years from April 26, 1994 when the establishment registration of the mortgage of this case was completed. Thus, the part that distributed KRW 13,00,000 to F out of the distribution schedule of this case is unlawful.

Therefore, the amount of KRW 13,00,000 for F out of the instant dividend table is KRW 13,000,000, and the amount of dividends to the Plaintiff is KRW 18,543,928 for the Plaintiff. 31,543.

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