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(영문) 서울동부지방법원 2018.03.06 2017가단149
공탁금출급청구권확인
Text

1. A deposit made by the National Agricultural Cooperative Federation by the Daegu District Court (Seoul District Court) No. 109, Jun. 10, 2016; 64,295

Reasons

1. Basic facts

A. Upon entering into a credit transaction agreement with A, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 780,000,000 with respect to the real estate listed in the separate sheet owned by A, on May 16, 2008. Upon filing a request for auction on September 20, 2012, the Plaintiff filed a request with the Daegu District Court for auction on September 20, 2012 for the registration of the establishment of a neighboring mortgage of KRW 780,00

B. The Plaintiff received dividends of KRW 5,197,026 out of KRW 820,205,595 of the amount of the claim on August 27, 2014, as the fourth creditor in Daegu District Court Gwangju District Court B and C (hereinafter “instant auction procedure”), and the National Federation of Creditor’s Federation received the total amount of the claims in the instant auction procedure. The first creditor racing-si, the second creditor racing-si, the second creditor racing-si Fisheries Cooperatives, and the third creditor National Federation of Creditor’s Federation.

C. In the instant auction procedure, the National Agricultural Cooperative Federation, a joint third-class creditor, reported the secured amount of the right to collateral security to KRW 445,526,188, and received KRW 315,413,80 among the dividends, paid KRW 64,295,914 out of the dividends to the Daegu District Court on June 10, 2016, the deposit of KRW 109 was made (hereinafter “instant deposit”).

On November 19, 2012, the above fact of deposit is that the defendant filed a lawsuit claiming damages against the National Federation of Fisheries Cooperatives in Daegu District Court 2013Gahap9844 on November 19, 2012 to pay 150,000,000 won out of the secured debt of the right to collateral security, which was established in real estate listed in the attached Table 1 and 2 against the National Federation of Fisheries Cooperatives of A, and the National Agricultural Cooperative Federation participated in the above lawsuit. The National Agricultural Cooperative Federation shall return 150,000,000,000 won, including 150,000,000,000 won, which was already paid by the defendant, in the auction procedure of this case.

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