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(영문) 광주지방법원 순천지원 2018.10.11 2016가단11244
배당이의
Text

1. The relevant court was drafted on August 16, 2016 in the Gwangju District Court’s net support C and D (combined) real estate compulsory auction cases.

Reasons

1. Basic facts

A.F completed the registration of creation of a mortgage on July 28, 1999 with each real estate listed in the separate sheet (hereinafter “each real estate of this case”) and each real estate refers to the item number. The third real estate was divided into the real estate on December 14, 1999 and the G 516 square meters (hereinafter “G land”) and the G 516 square meters on July 28, 199 as joint collateral (hereinafter “G land”).

(B) The right to collateral security established on each real estate of the instant case (hereinafter “instant right to collateral security”).

On July 29, 2000, Defendant A completed the supplementary registration of the transfer of the right to collateral on the ground of the assignment of the right to collateral on the first and second real estate and G land, which was completed on July 28, 2000, to Defendant B.

C. E received the order of provisional seizure against each of the instant real estate by this court as to each of the instant real estate, and completed the registration on April 27, 199. On April 24, 2014, with respect to the instant real estate, the person holding the provisional seizure against real estate who held the provisional seizure against real estate on April 27, 199. On January 26, 2016, E filed an application for a compulsory auction against each of the instant real estate on March 26, 2016.

On August 16, 2016, the above court prepared a distribution schedule that distributes the amount of KRW 3,940,857 among the amount to be actually distributed to Defendant A on the date of distribution, KRW 64,00,192, KRW 28,268,598 to Defendant B, and KRW 30,687,282 to E, respectively (hereinafter “instant distribution schedule”).

E. On July 19, 2016, the Plaintiff received a claim attachment and collection order against the said claim for dividends in the real estate auction case against the Republic of Korea. On the date of distribution, the Plaintiff filed an objection against the Defendants on August 22, 2016, by subrogation, against the entire amount of dividends against the Defendants on the date of distribution.

F. Meanwhile, E filed a lawsuit against Defendant B regarding the registration of cancellation of the establishment registration of a collateral security with regard to the right to collateral security established on G land as the court’s 2016Gadan145.

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