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(영문) 인천지방법원부천지원 2015.08.06 2014가단33323
추심금
Text

1. The Plaintiff, and the Selection C shall be jointly and severally with the Defendant (Appointed Party) B, the Appointed Party D, the E, and the F.

Reasons

1. Basic facts

A. On December 24, 1971 with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”), H acquired 3/10 shares, Appointers C, D, G, E, and F, 1/10 shares, 2/10 shares, and 2/10 shares.

B. On October 12, 2005, the Defendant (Appointed Party), the designated parties, and H completed the registration of creation of a neighboring mortgage (hereinafter “each of the instant mortgages”) with respect to each of the instant lands on October 12, 2005, consisting of the obligor C and the maximum debt amount of KRW 52,00,000, and on November 21, 2008, the establishment of a neighboring mortgage (hereinafter “each of the instant mortgages”) consisting of the obligor C and the maximum debt amount of KRW 65,00,000.

C. On August 3, 2012, the Plaintiff applied for a payment order against H to the effect that “H shall pay the loan amounting to KRW 40,00,000,000 and the amount equivalent to 30% per annum from March 18, 2012 to the date of complete payment,” and the payment order was finalized on August 25, 2012.

(hereinafter “instant payment order”). D.

On September 17, 2012, with the title of the instant payment order, the Plaintiff, upon receiving a decision to commence compulsory auction with the Incheon District Court Branch I and J (Duals) regarding H shares of each of the instant land, was proceeding with the auction procedure under the jurisdiction of this court I and J (Duals).

(hereinafter “instant auction”) e.

On the date of distribution of the instant auction on July 31, 2013, as the holder of the right to deliver (the pertinent tax), the Orcheon-si was paid KRW 83,870, KRW 491,960, KRW 304,823,719, KRW 920,643 as the holder of the right to collateral security, and KRW 272,510 as the holder of the right to claim collateral security, and the Plaintiff was paid KRW 307,256 as the applicant creditor.

F. On November 19, 2013, the Plaintiff received a seizure and collection order as to the claim for reimbursement against H’s designated entity C by this Court No. 2013 other bond 13270, and the said order around December 31, 2013.

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