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(영문) 수원지방법원 2020.02.14 2018가합20883
배당이의
Text

1. The plaintiff B's lawsuit against the defendants shall be dismissed.

2. Cases of request for a voluntary auction of real estate C in the Suwon District Court; and

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 1, 2, 3, 4, 16, 17 (including each number; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. On July 26, 2013, the D Association completed the registration of creation of a mortgage on each of the real estate listed in the separate sheet Nos. 1 through 7 attached to E owned on July 26, 2013, each of the real estate listed in the separate sheet Nos. 8, 9, and 10 attached to F owned (hereinafter “real estate”) (hereinafter “each of the instant real estate”) with respect to the maximum debt amount of KRW 2.86 billion, and E, with respect to each of the instant real estate.

(hereinafter “instant collateral security”). B.

On May 8, 2017, a voluntary auction procedure (hereinafter “instant auction procedure”) has commenced with the Suwon District Court C on each of the instant real estate, and the Plaintiff B (hereinafter “Plaintiff B”) completed the supplementary registration of each of the instant collateral security transfer on May 2, 2018.

C. On July 2, 2018, Plaintiff B transferred the amount equivalent to KRW 2,50,000,000 of principal and interest, out of the secured debt of the instant right to collateral security, to Plaintiff A (hereinafter “Plaintiff A”), and entered into a contract with Plaintiff B, through the instant auction procedure, under which Plaintiff B would first receive dividends up to KRW 2,20,000,000,000,000,000,000,000,000,000,000,000,000.

On July 23, 2018, the auction court prepared a distribution schedule containing 20,198,640 won, 19,703,840 won, 19,763,446 won, 223,346, 693 won, 349, 692, 822 won, and 5,01,345 won, 345 won, at the time of the second priority of the distribution (general taxes) with the delivery authority (general taxes) with the delivery authority (general taxes), who is a holder of the delivery authority (general taxes) and who is a holder of the delivery authority (general taxes) and who is a holder of the delivery authority (general taxes) with the second priority of dividends of 23,346,63 won, 69,062,822 won, and 345 won, at the time of the second priority of the distribution.

E. The plaintiff A is above.

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