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(영문) 수원지방법원 2015.05.27 2014가단24491
배당이의
Text

1. Of the distribution schedule prepared on April 15, 2014 by the said court with respect to the Suwon District Court C’s auction of real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) obtained a provisional attachment order on April 1, 2013 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) from Suwon District Court 2013Kadan2658 by deeming the loan claim against Nonparty D as the preserved right; and (b) completed a provisional attachment registration on April 1, 2013.

B. On December 19, 2013, the Plaintiff filed a lawsuit on the merits of the loan claim with the Suwon District Court 2013Gapo25231 against D, and the judgment in favor of the Plaintiff was rendered on December 19, 2013. While D appealed appealed, the appellate court (U.S. District Court 2014Na4689) rendered a judgment dismissing the appeal on December 26, 2014. As the Plaintiff reduces the Plaintiff’s purport of the claim, the judgment of the first instance became final and conclusive in the appellate court as to KRW 12,70,000 and KRW 10,000 among them, as to KRW 30% per annum from April 25, 2013 to the date of full payment, and the said judgment was modified to the amount calculated by 24% per annum from July 25, 2012 to the date of full payment.”

C. Meanwhile, regarding each of the instant real estates, the establishment registration of a mortgage over the maximum debt amount of KRW 40,000,000,000 as the mortgagee, and the establishment registration of a mortgage over the maximum debt amount of KRW 60,000,000 (hereinafter “the establishment registration of a mortgage over each of the instant real estates”) was completed on March 5, 2004 and January 25, 2007, respectively, and thereafter, on September 10, 2013, the Suwon District Court C opened the auction procedure for each of the instant real estates (hereinafter “instant auction procedure”).

In the instant auction procedure, among KRW 69,94,084, the amount to be actually distributed on April 15, 2014, the distribution schedule was prepared to the Defendant, who is the second mortgagee, the Defendant, who is the second mortgagee, of KRW 384,760, and KRW 69,609,324, among the amount to be distributed on April 15, 2014, and the Plaintiff, the person holding the provisional attachment, raised an objection against KRW 16,340,00 out of the amount of dividends of the Defendant, and thereafter, the said distribution schedule was prepared.

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