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(영문) 의정부지방법원 2020.05.21 2019가단111219
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) is a real estate owned by D in accordance with the entry number when a part is referred to.

B. On January 10, 2017, the Plaintiff leased KRW 113,734,060 to D, but was not repaid, and on May 2, 2017, the claim amount was KRW 113,734,060 with the Incheon District Court 2017Kadan2284, which was KRW 113,734,060, provisionally seized the instant real estate.

C. Defendant B, on January 25, 2017, lent KRW 70 million to D on a monthly basis as 2.2% of interest, concluded a mortgage agreement with D as to the instant real estate Nos. 1 through 5 (hereinafter “instant mortgage agreement”) with D in order to secure the relevant loan obligation, and completed the registration of establishment of a mortgage establishment with respect to the instant real estate Nos. 1 through 5 million won on the grounds thereof. Defendant C completed the registration of establishment of a mortgage pledge with respect to the instant real estate No. 1 through 5 million on the same day.

On the other hand, as to the instant real estate Nos. 1 and 2, the auction was commenced on July 6, 2017 at the request of H (hereinafter “H”), the Jung-gu District Court E voluntary auction was initiated, and the F compulsory auction was commenced on January 18, 2018 at the request of I, a general creditor, with respect to each of the instant real estate. On the application of the JA (hereinafter “JA”), the Government District Court started and conducted voluntary auction on January 18, 2018. As to the instant real estate No. 6, the instant real estate was sold to K on March 14, 2019.

E. On April 10, 2019, the auction court obtained an amount of KRW 264,253,492, which is to be actually distributed after deducting the execution cost from the sale price, etc. of each real estate of this case on the date of distribution, from the actual distribution, and KRW 11,935,598, and real estate of this case 6.

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