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(영문) 청주지방법원제천지원 2017.11.29 2017가단21417
배당이의
Text

1. On September 4, 2017, a distribution schedule prepared by the said court with respect to the Cheongju District Court No. 2019, Sept. 4, 2017.

Reasons

1. Basic facts

A. On May 2, 1990, the Defendant lent KRW 30,000,00 to C at an interest rate of 2% per month (hereinafter “the instant loan claim”), and on January 8, 1993, C completed the registration of creation of mortgage for neighboring forests and fields D 7,650 square meters (hereinafter “the instant forest”) with respect to the Defendant, in order to secure the above loan obligation, KRW 20,000,000 with respect to the maximum debt amount, and KRW 30,000,000,000 with respect to the Defendant’s forest and field D 7,650 square meters (hereinafter “instant forest”).

B. On May 11, 2007, the Plaintiff received a provisional attachment decision of KRW 4,820,870 as Seoul District Court 2007Kadan6033 with respect to the forest of this case, and completed the provisional attachment registration on May 16, 200.

C. The plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2009 Ghana128289, and on March 31, 2009, the plaintiff received a performance recommendation decision from the above court that "C shall pay to the plaintiff 2,681,059 won and 1,232,795 won with an annual interest of 21% from November 16, 1998 to the date of full payment." The above decision was finalized on April 21, 2009.

(hereinafter referred to as “instant decision on performance recommendation,” and the claim based on the decision on performance recommendation of this case is referred to as “the claim for reimbursement of this case”).

On November 23, 2016, the Defendant applied for the commencement of voluntary auction on the instant forest land based on the instant right to collateral security, and rendered a decision to commence voluntary auction on November 23, 2016 (hereinafter “instant auction”).

After that, each of the instant real estate was sold to a third party, and on the date of distribution of the instant auction procedure on September 4, 2017, a distribution schedule with the same content as that of the attached Table was prepared.

(hereinafter “instant distribution schedule”). E.

As of September 4, 2017, the date of distribution of the instant auction, the sum of the principal and damages for delay of the Plaintiff’s claim for distribution against C as of September 4, 2017, for which the sum of the principal and interest of the claim for reimbursement and the damages for delay of the Plaintiff’s claim for distribution against C, as of November 16, 1998, shall be the principal and interest at the time of November 16,

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