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(영문) 의정부지방법원고양지원 2017.06.14 2016가단22601
배당이의
Text

1. As to the application case for the auction of real estate B in Gyeyang-gu District Court Goyang-gu District Court, this Court held on September 21, 2016.

Reasons

1. On October 11, 2007, Korea Bank D 60,000,000 won on July 31, 2008, Korea Bank D 60,000,000 won on May 11, 2009, Korea Bank D 60,000,000 won on May 12, 201, 2015, Plaintiff D272,00,000,000 won on May 12, 2015, Plaintiff D 272,000,000 won on May 12, 2015, Plaintiff 692,00,000 won on the 1,1,108 (hereinafter “instant real property”). The following was established as a collateral.

As a result of the inquiry into the fact of our bank (hereinafter “Korea bank”), the kinds, amounts, and dates of loans of each of the above collateral security obligations of the bank are as listed below.

On April 11, 2016, at the request of the bank, which is a right to collateral security, the auction of real estate (hereinafter “instant auction”) was decided on April 11, 2016, and the auction procedure was decided to be sold to Nonparty E on August 25, 2016.

On September 21, 2016, the said auction court opened a date of distribution, and prepared a distribution schedule (hereinafter “instant distribution schedule”) for KRW 432,845,318 of the actual amount to be distributed, as shown in the following table:

(A) The Plaintiff was present on the above distribution date and stated an objection against the amount of distribution against the Defendant, and filed a lawsuit of demurrer against the distribution within seven days thereafter. (A) The Plaintiff was present on the above distribution date and filed a lawsuit of demurrer against the distribution against the Defendant in the instant case with the creditor, the creditor who applied for the issuance of the first 123 reasons for the distribution order of the Plaintiff, the creditor, the mortgagee, the mortgagee, the mortgagee of the right to collateral security (the mortgagee), the mortgagee of the right to claim for the distribution against the Defendant (the mortgagee).

As set out in the contract form for establishing each right to collateral security of the Bank, the limited collateral security of the Bank is written as follows: “The obligor is against the obligee all obligations to be borne at present and in the future due to the following transactions:

【Ground of Recognition: Each entry of Gap evidence 1 to 11, Eul evidence 2 to 5 (including where there are serial numbers), and the inquiry inquiry of Korean bank.

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