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(영문) 대구지방법원포항지원 2019.10.10 2019가단2078
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On May 27, 2010, D established a collateral security (debtor I and the maximum debt amount of 80,000,000) with respect to the second floor GGGGGG of Daegu, Daegu, Inc. on May 27, 2010. The said collateral security was recorded as the collateral security on July 10, 2013, J on October 30, 2013, K on October 30, 2013, and the Plaintiff on July 3, 2018. 2) with respect to the claim of K’s collateral security, the claim amount was entered as the collateral security deposit amount of KRW 171,575,481 (the claim amount against the collateral security claim amount of KRW 428,570,00,00) as the provisional attachment on December 14, 2016, and the provisional attachment was registered as the Seoul Central Credit Guarantee Fund No. 23136,281,7.167

B. 1) On December 11, 2013, based on K’s right to collateral security, the Daegu District Court rendered a voluntary decision to commence the auction on the said real estate on December 11, 2013. D deposit of KRW 80 million (Article 487 of the Civil Act: the latter part of Article 487 of the Civil Act; Articles 291 and 248(1) of the Civil Execution Act) with the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office on July 13, 2018, D’s objection was accepted on October 29, 2018, and the said decision to commence the voluntary decision to commence the auction on December 21, 2018. 1. 2) The Defendant B’s order to collect the said deposit from the Seoul District Court Branch Branch Branch Branch Office 203015.

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