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(영문) 인천지방법원 2021.02.10 2019나60830
배당이의
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the purport of the appeal is the claim.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C for the payment of the guaranteed debt under the Incheon District Court Branch Decision 2011 Ghana 33117.

On October 31, 2012, “C” was sentenced to KRW 80,000,000 to the Plaintiff as of May 24, 2010, but the appellate court’s judgment was corrected as of May 25, 2010.

C. A judgment was rendered to the effect that the amount of delayed damages calculated at 20% per annum from the date of full payment shall be paid.

Therefore, although C appealed, on December 6, 2013, the appeal dismissal ruling (the Incheon District Court 2012Na 23931) was declared, and the above judgment became final and conclusive around that time.

B. On October 28, 2010, the Plaintiff filed an application for provisional attachment with the Incheon District Court Branch of 2010 Kadan3710, and received a provisional attachment of KRW 80,000,000 with respect to the instant building owned by C. On October 29, 2010, the provisional attachment, etc. was completed on October 29, 2010.

(c)

On March 17, 2014, the Defendant entered into a mortgage agreement with C on the maximum amount of KRW 100,000,000 (hereinafter “mortgage agreement”). On March 18, 2014, the Defendant completed the registration of the establishment of the mortgage agreement with C and the Defendant with C as the Defendant on the ground of the instant mortgage agreement regarding the instant building.

(d)

On March 20, 2018, the Defendant voluntarily filed an application for auction to the Incheon District Court Branch D for the instant building on March 20, 2018, and the said court decided to commence an auction of real estate on March 23, 2018.

E. On November 21, 2018, Busan District Court Branch Decision 169,570,7775 won to be distributed on the date of the distribution of the above auction procedure, limited to KRW 2,766,725 won to KRW 166,80,80,050, KRW 133,570 to the father-si of the right to the first priority, KRW 34,546,274 to E to the mortgagee E, the second priority mortgagee, KRW 12,790,633 to F, the third priority mortgagee, the third priority mortgagee, and KRW 22,00,00,00 to the Defendant, the fourth priority mortgagee, and KRW 43,259,366, and KRW 54,074,20 to the Defendant, the second priority mortgagee, and KRW 54,77,207, respectively, to the Defendant.

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