(영문) 의정부지방법원고양지원 2015.09.25 2015가단6527

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(영문) 의정부지방법원고양지원 2015.09.25 2015가단6527

배당이의

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1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Plaintiff for the payment of the loan amounting to KRW 26,00,000 and KRW 20% per annum from April 23, 2008 to the date of full payment, which became final and conclusive around that time.

B. The defendant's right to collateral security "the real estate of this case" is "the real estate of this case which is owned by E.

(C) On March 18, 2004, the Plaintiff filed an application for the commencement of compulsory auction with respect to the above real estate with a maximum debt amount of KRW 500,000,000. (c) On September 15, 2014, the Plaintiff filed an application for the commencement of compulsory auction upon the claim under the above judgment. On the other hand, the Defendant also filed an application for the commencement of auction with the above court on the basis of the right to collateral security, and conducted the auction on December 1, 2014. (d) On March 31, 2015, the lower court prepared a distribution schedule to distribute the amount of KRW 246,719,712, which is the full amount to the Defendant, who is a senior mortgagee, to the Defendant, who is a senior mortgagee, on the date of distribution. Accordingly, the Plaintiff appeared on the date of distribution, and filed an objection against KRW 61,659,178, out of the Defendant’s dividends, with the purport of the entire pleadings and arguments.

2. The plaintiff's assertion that the defendant's claim did not have any secured obligation under the name of the defendant or in collusion with E even though it had already been extinguished, he received dividends based on the loan certificate as to the secured claim of the above secured claim. Even if not, the defendant's claim at least the due date arrived on March 1, 2004. Thus, the above claim is asserted that the statute of limitations expired.

The defendant extended 190,000,000 won to E until the end of 2003, and Eul purchased the real estate of this case.

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