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(영문) 대구지방법원상주지원 2015.07.16 2015가합65
배당이의
Text

1. A distribution schedule prepared on March 6, 2015 by the said court with respect to the case of a compulsory auction for real estate at the Daegu District Court that is permanently stationed in C.

Reasons

1. Basic facts

A. On November 21, 2005, the defendant completed the registration of establishment of a neighboring real estate owned by the defendant and the payment order against D) On November 21, 2005, the E site, building, F site, etc. (hereinafter "the real estate of this case"), and "the real estate of this case".

[1] As to the registration of establishment of a collateral security (hereinafter “mortgage”) in the Daegu District Court No. 18030 regarding the debtor D, the maximum debt amount of KRW 80,000,000, the registration of establishment of a collateral security (hereinafter “the mortgage”).

(2) On September 25, 2009, the Defendant received a loan certificate from D stating that “D shall borrow KRW 258,000,000 from the Defendant, with a rate of 6% for interest, and shall be paid every month.” Accordingly, on May 7, 2014, the Daegu District Court rendered a motion for a payment order seeking payment of KRW 258,000,000 and delay damages (hereinafter “instant payment order”) against D as the Seoul District Court Decision 2014Da118, 2014, the above payment order became final and conclusive at that time.

B. On August 16, 2010, the Plaintiff filed a lawsuit against D with the Daegu District Court seeking the return of KRW 138,200,000 for a contract deposit against D as the resident resident support of 2010,251. On November 11, 2010, the said court paid the Plaintiff KRW 138,200,000 and delay damages therefor.

The judgment was pronounced to that effect, and the above judgment became final and conclusive at that time.

2) On April 23, 2014, the Plaintiff filed an application for compulsory auction against the instant real estate to the Daegu District Court resident support C to obtain the satisfaction of the said claim. On April 24, 2014, the Plaintiff filed an application for compulsory auction against the said real estate (hereinafter “instant auction procedure”) on the said real estate on April 24, 2014.

(a) was commenced.

C. 1 The Defendant, at the instant auction procedure, participated in each of the dividends as a mortgagee of the instant real estate and as a person having the right to demand a distribution based on the instant payment order, at each of the instant auction procedures.

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