(영문) 대구지방법원 2018.02.06 2017가단105583

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(영문) 대구지방법원 2018.02.06 2017가단105583

배당이의

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1. The defendant among the distribution schedule prepared on February 22, 2017 by the same court with respect to the auction of real estate C in Daegu District Court.

Reasons

1. Basic facts

A. D (trade name before the Plaintiff’s change) and the Plaintiff have executive titles as to E with the following contents.

The Daegu District Court 1: (a) jointly and severally and severally with the Non-Party 2003da523713, and 22% per annum from September 18, 1995 to the date of full payment; (b) 2006da63607; (c) 30 million won per annum from the date following April 1, 1992 to the date of full payment; and (d) 9% per annum from the day after April 28, 1993 to the day of full payment to the day of full payment; (b) 30 million won per annum from the day following the Seoul Central District Court 2014Da28076; and (c) 9% per annum from the day following the day of full payment to the day of full payment to 194.2.5% per annum from the day after January 18, 1998 to the day of full payment; and (d) 194% per annum from the day after 209:

B. E completed on May 25, 1992 the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to 1/2 equity (hereinafter “the instant real estate”) out of the F, Daegu Northern-gu, Daegu-gu, the ownership of which was the owner, the registration of creation of a mortgage (hereinafter “the instant mortgage”) with the maximum debt amount of KRW 64,00,000, G and H on May 25, 1992. On August 4, 2011, I received the said mortgage transfer on the ground of the transfer of confirmed claim, and the Defendant was re-transfered on the ground of the transfer of confirmed claim on February 26, 2015.

C. On February 22, 2017, when the Daegu District Court C voluntarily held a auction on the instant real estate, a distribution schedule was prepared to distribute the amount of KRW 63,485,797 to the Defendant, a mortgagee, based on the said collateral security (hereinafter “instant distribution schedule”). On February 22, 2017, the Plaintiff appeared on the date of distribution and raised an objection against the Defendant regarding the amount of dividends.

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