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(영문) 춘천지방법원영월지원 2015.04.29 2014가단1947
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On April 18, 2007, the Plaintiff, the Appointor E, and F completed the registration of creation of a collateral security (hereinafter “mortgage”) in their names with regard to the share owned by Hubrid Co., Ltd. (hereinafter “NB”) among each real estate listed in the separate sheet Nos. 1, 2, and 3 on April 18, 2007, with the maximum debt amount of KRW 600 million, and the Appointor D completed the additional registration of partial transfer of the share ownership of the said Plaintiff, etc. with the transfer amount of KRW 100 million.

On August 3, 2010, real estate listed in the separate sheet Nos. 4 through 11, which is owned by the non-party company, was added to the secured real estate of the plaintiff et al.

B. On May 14, 2004, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) under one’s name with respect to H 40,726§³ (hereinafter “real estate prior to the division”) in the name of the debtor I and the maximum debt amount of KRW 240,000,000,000.

Since then, on August 13, 2004, J 1,000 square meters was divided from the real estate before subdivision. On November 19, 2004, each real estate listed in the attached Tables 2 and 3 was divided. Ultimately, the registration of establishment of a neighboring real estate listed in the attached Tables 1 through 3 was completed.

E, E, F6,66,74 won and 24,66,67 won and 61,245% and 33,333,3333 won and 63.25% of the dividend amount due to priority creditors, E, F6,66,665 won and 36.75% of the total amount due to priority creditors, E, 16,66,67 won and 61,245% of the total amount due to priority creditors, 61,245,186 won and 66.75% of the total amount due to priority creditors, and 63,33,333,058 won and 86,65% of the total amount due to priority creditors, 12,249,036.75% of the total amount due to priority creditors, and 665% of the total amount due to priority creditors, 65% of the total amount due to priority creditors and 61,665% of the total amount due to be claimed.

C. The Plaintiff and the designated parties, who are the right to collateral security (hereinafter “Plaintiff, etc.”)

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