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(영문) 대전고등법원 2016.11.17 2015나15236
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

A. (1) In the event that the obligor sells any mortgaged object with permission from the court for the repayment of his/her obligation, he/she shall repay the proceeds from the sale to the extent of the appraised value of the mortgaged object resulting from deducting taxes, public charges, and other taxes incurred from the disposal, sales-related expenses, and other expenses. In the event that the rehabilitation security right concerned is not fully repaid, the repayment of the rehabilitation security right shall be made in the order of the principal to be repaid over the period of the rehabilitation plan, the interest accrued after the commencement, and the payment date of the remaining rehabilitation security right shall be made in the order of the maturity date from

Where there are more than one rehabilitation secured creditor with respect to the collateral, he/she shall repay the collateral in order according to the order of the security rights of the rehabilitation secured creditor, and where there is the same order of rehabilitation secured creditor, he/she shall repay

* [Attachment 6-1] [Attachment 3] [Attachment 3] table and 2] The contents of such rehabilitation plan and 1.1. (A) B paid KRW 227,673,546, 160,865,865, and 865 to the Yuchid special purpose company, which is the Industrial Bank of Korea or its successor, in accordance with the rehabilitation plan of this case, after the commencement of the rehabilitation security right. However, according to the rehabilitation plan of this case, B paid KRW 220,000,000 to the Yuchid special purpose company in December 15, 201.

However, the said money was insufficient to repay the principal amount of the said rehabilitation security right to be paid in 253,176,000 (Attachment 6-1) according to the instant rehabilitation plan after the said accrued interest and the instant amount after the commencement thereof.

B. The instant rehabilitation plan provides that, in the event there is any unpaid portion of the estimated amount of repayment for the pertinent year due to a shortage of financial resources in the general provisions, such repayment shall be made on the date of the next year, but is a method of repayment of rehabilitation security rights.

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