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(영문) 제주지방법원 2018.02.22 2016가합10441
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. The Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in its name in the process of voluntary auction, and each of the instant real estate was completed on June 19, 2012 in the name of the Plaintiff.

B. On May 9, 2013, Defendant B, with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “E”) from the Plaintiff, was established with respect to the right to collateral security (hereinafter “mortgage No. 156 million won”). Meanwhile, on September 4, 2014, Defendant B obtained a provisional attachment decision (No. 2014Kahap349, hereinafter “the provisional attachment No. 1 of this case”) against the Plaintiff as the right to preserve the loan claim amounting to KRW 190 million against the Plaintiff.

C. On July 3, 2014, Defendant C received a provisional attachment order on the building No. 201 from the court (Seoul Eastern District Court 2014Kadan3993, hereinafter “provisional attachment No. 2”) with the Plaintiff’s claim KRW 199 million against the Plaintiff as the preserved right.

On January 23, 2015, the Maritime Fisheries Cooperatives, the mortgagee of the instant real estate, applied for a voluntary auction to the court, and had been decided to commence the auction on January 23, 2015 (the Jeju District Court D; hereinafter “instant auction procedure”); and the Jink Tech Corporation acquired the secured debt of the instant association’s right to collateral security, and conducted the instant auction procedure.

E. Following the instant auction procedure, each of the instant real estate was sold on January 4, 2016, and on March 11, 2016, the sales price of March 11, 2016, Defendant B was KRW 156,00,000 as a second-class mortgagee of the distribution ranking, KRW 28,976,537 as a person holding a provisional attachment with the distribution ranking, and KRW 47,654,237 as a person holding a provisional attachment with the distribution ranking, and KRW 47,654,237 as a person holding a provisional attachment with the distribution ranking.”

was drawn up.

F. The Plaintiff on January 2016

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