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(영문) 전주지방법원군산지원 2016.11.01 2016가단51953
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff received dividends of KRW 15,297,532 from the 111th distribution order in the Jeonju District Court’s Gunsan Branch case of the instant building, as the mortgagee (hereinafter “instant auction procedure”) of the collective security (registration of creation on December 9, 2014, the maximum debt amount of KRW 150,000) of the fourth apartment of reinforced concrete building on the ground of reinforced concrete structure (hereinafter “instant building”) on the ground of Masan-si (hereinafter “instant land”).

B. On January 24, 2014, the Defendant, who was the wife of the instant land, filed an application for the exclusion of dividends, a report on rights, and a demand for distribution with respect to the instant land on March 8, 2016 at the instant auction procedure, with the Bank, which completed the right to collateral security (hereinafter “mortgage”). On January 10, 201, the Defendant, who was the wife of the instant E, subrogated for the remainder of the secured debt amount of KRW 128,370,850 on the part of the Defendant, on January 24, 2014, filed an application for the exclusion of dividends, and a request for a report on rights and a demand for distribution with respect to the instant land. On March 22, 2016, the Defendant was partially transferred

3. 23. The supplementary registration of partial transfer of the right to collateral security has been completed.

C. On April 1, 2016, the Jeonju District Court: (a) opened a date of distribution at the instant auction procedure; and (b) set the Defendant two in the distribution ranking order; and (c) set the Defendant prior to the Plaintiff.

The distribution schedule was prepared to obtain preferential repayment of KRW 128,370,850 as stated in the port (hereinafter “instant distribution schedule”).

C. The plaintiff has raised an objection against the whole amount of distribution to the defendant on the date of distribution.

6. The instant lawsuit was filed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including where there are additional numbers), the purport of the whole pleadings

2. Determination on the claim of this case

A. The Plaintiff’s assertion that the Defendant had made the supplementary registration of the partial transfer of the right to collateral security on March 23, 2016, which was later later by the Defendant, asserts the effect of subrogation as stipulated in Article 482 of the Civil Act, and on the claim and security by subrogation of the Bank of Korea, the said Co., Ltd.

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