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(영문) 창원지방법원 진주지원 2018.04.13 2017가단4665
배당이의
Text

1. Of the distribution schedule prepared on July 17, 2017 with respect to the auction case of B real estate in this Court, the Defendant.

Reasons

1. Basic facts

A. On December 4, 2012, the Private Fisheries Cooperatives (hereinafter “Sacheon Fisheries Cooperatives”) made a registration of the establishment of a neighboring mortgage, which is the maximum debt amount of 845,000,000, regarding each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), and granted a loan of 500,000,000 won to C as security around December 5, 2012, and obtained a joint and several guarantee from C, while lending KRW 10,00,000 to D around May 20, 2015.

(hereinafter referred to as the “instant claim”) b. of each of the above loans.

On February 19, 2013, the Plaintiff completed the registration of establishment of a neighboring mortgage, which amounts to 140,000,000 of the maximum debt amount, regarding each of the instant real estates.

C. On December 28, 2015, the Sacheon Fisheries Cooperatives applied for a voluntary auction on each of the instant real estate and rendered a judgment of commencement of B auction on December 28, 2015 (hereinafter “the instant voluntary auction”), and the auction court determined the completion period to demand a distribution on March 21, 2016.

On March 31, 2016, the Defendant acquired the instant claim from the Sacheon Bank, and completed an additional registration for the transfer of the right to collateral security on each of the instant real estate. On the same day, the Defendant established a pledge on part of the said claim to Savings Bank instead of the Bank, and made an additional registration for the establishment of the right to collateral security on each of the said claims. On September 16, 2016, the Defendant established a pledge on part of the said claims to E, and completed an additional registration for the establishment of the right to collateral security on each of the said claims, and transferred part of the said claims to F.

E. On July 17, 2017, the court of auction determined the amount to be actually distributed as KRW 762,736,310, and in the first order, as the pledgee or transferee of the right to collateral security, the court shall distribute the sum of KRW 186,00,00,000,000 to E, the Savings Bank, and F, as the transferee of the right to collateral security, and KRW 405,150,684,55,000,00, the sum of KRW 646,150,684, which is the sum of KRW 84,447,124, to the Defendant as the applicant creditor, and distribute KRW 32,138,00 to the Plaintiff as the mortgagee.

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