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(영문) 청주지방법원제천지원 2017.10.11 2017가단1048
배당이의
Text

1. Cheongju District Court Cheongcheon Branch C is prepared on May 22, 2017 by the above court with respect to the compulsory auction of real estate.

Reasons

1. Indication of claim;

A. On February 6, 1995, the Defendant completed the registration of the establishment of a mortgage on D, 804 square meters (hereinafter “instant land”) with respect to the land located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and the maximum debt amount of KRW 78,00,000, and the debtor's general interest trust company, which was the debtor's general interest trust company.

(hereinafter “instant collateral security”). B.

After that, multi-household houses were constructed on the ground of the instant land, and on September 4, 1995, the right to land ownership was registered.

C. The Plaintiff is an owner of the first floor of the instant multi-household housing on the ground of the instant land, who is a medical corporation that owns the first floor No. 103, and is a person who has a claim against the Geum

On November 26, 2015, the compulsory auction of real estate was initiated as Cheongju District Court Cheongcheon Branch C with respect to No. 103 of the first floor among the above multi-household housing on November 26, 2015.

On May 22, 2017, the distribution schedule was prepared that KRW 4,587,830 of the proceeds from sale was distributed to the Defendant, who is the mortgagee, and KRW 30,793,443 of the proceeds from sale, to the Plaintiff, the creditor, respectively.

E. The secured obligation of the instant right to collateral security was extinguished by repayment.

F. Even if the secured obligation of this case was not extinguished due to repayment, the secured obligation of this case was extinguished by prescription after the lapse of the extinctive prescription period from the due date of payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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