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(영문) 대전지방법원 천안지원 2018.12.07 2018가합100
배당이의
Text

1. A distribution table prepared on January 4, 2018 by the said court with respect to the D's voluntary auction case of real estate located in Daejeon District Court Branch.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the remaining designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) are the successors of deceased E (F, Death on November 27, 2009, hereinafter “the deceased”).

B. As to the land of this case, the Deceased completed the registration of creation of the right to collateral security (hereinafter “the instant right to collateral security”) with respect to the land of 258 square meters in Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “the instant land”). On March 26, 2007, the Daejeon District Court rendered the registration of creation of the right to collateral security (hereinafter “the instant right to collateral security”) worth KRW 260,000,000 for the mortgagee H, the Deceased, and the maximum debt amount.

C. Defendant B completed the supplementary registration of the registration of the transfer of the right to collateral security on October 23, 2017 with regard to the instant collateral security under the Act No. 101708, Oct. 24, 2017, with regard to the instant collateral security, as to the instant collateral security under Article 101708, which was received on October 23, 2017.

On April 3, 2009, the Deceased completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) worth KRW 300,000,000 with respect to the instant land by the Daejeon District Court Branch Decision No. 25995, Apr. 3, 2009.

E. On March 6, 2017, H filed an application for a voluntary auction of real estate concerning the instant land with the Daejeon District Court Support D, and the said court rendered a decision to commence voluntary auction of the instant land (hereinafter “instant auction”) on March 9, 2017.

F. On January 4, 2018, the Daejeon District Court rendered a distribution schedule with the same content as the attached Table on the date of distribution of the instant auction (hereinafter “instant distribution schedule”) on the date of distribution.

G. On January 3, 2018, the Plaintiff et al. appeared on the date of distribution of the instant auction, and stated an application for objection to the distribution on January 3, 2018. The Plaintiff et al. raised an objection against the total amount of dividends against the Defendants

An objection was raised by making a false statement.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and pleadings.

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