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(영문) 대전지방법원 서산지원 2018.04.18 2016가단587
배당이의
Text

1. The Plaintiff’s action against Defendant D, E, F, G, H, and I shall be dismissed.

2. Daejeon District Court J, K (Dual).

Reasons

1. Basic facts

A. M Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) completed the registration of ownership transfer on June 29, 1989 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant land”). However, on October 2, 2003, the shares of 2764/5461 out of the instant 3 and 6 land were sold, and the shares of the instant 3 and 6 land are 2697/5461).

B. As to the land of this case 4, Defendant B completed the registration of the establishment of a neighboring mortgage on June 27, 1990 with the maximum debt amount of the land of this case 30 million won. The debtor company and the mortgagee B completed the registration of the establishment of a neighboring mortgage.

C. As to the land of this case 2, 3, and 5, Defendant C received the provisional attachment order by Seoul Civil Procedure District Court 91Ka10919 on October 15, 1991, and pursuant to the Seoul Civil Procedure District Court 91Da73571 on January 7, 2016, Defendant C made a demand for distribution at the auction procedure of each of the instant land.

L received on August 20, 1996 the decision of provisional attachment (the claimed amount of KRW 120 million) by the Seoul District Court Branch of Dong Branch of the Seoul District Court on August 20, 1996.

E. N completed the registration of creation of a mortgage on the instant land 1, 3, 4, and 6, and on April 28, 201, which became the debtor and the non-party company. The said right to collateral security was transferred to the Plaintiff on the ground of the transfer of confirmed claim as of May 12, 201.

F. On April 23, 2014, upon request of theO, the decision of the time limit for compulsory auction by official auction (J of the Daejeon District Court’s Seosan Branch) was rendered on each of the instant land on April 23, 201, and on the instant land 1, 3, 4, and 6 at the Plaintiff’s request, the decision of the voluntary commencement of auction by official auction (J of the Daejeon District Court’s Seosan Branch) was rendered on December 11,

G. Each of the instant lands was sold on December 4, 2015, and the executing court, on January 20, 2016, drafted a distribution schedule to distribute KRW 30,000,000 to Defendant B, the mortgagee of the right to demand a distribution, and KRW 850,305,063 to the Plaintiff of the right to demand a distribution of KRW 20,978,613, and KRW 4,346,252 to Defendant C, the third priority order, among the amount to be actually distributed on January 20, 2016, the date of distribution.

H. The plaintiff is above.

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