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(영문) 광주지방법원 2019.09.25 2019가단8455
배당이의
Text

1. It was concluded on December 26, 2016 between the Defendant and C with respect to the real estate listed in the separate sheet.

Reasons

Basic Facts

The Plaintiff was not paid the price of goods to the non-party company as the goods supplied to the Co., Ltd. (hereinafter “non-party company”) from 2011 to the end of 2016. As to each real estate listed in the separate sheet owned by the non-party company (hereinafter “instant real estate”) with the claim for the purchase price of KRW 182,083,890 as the claim for the purchase price of goods, the Plaintiff filed an application for provisional seizure of real estate with the Gwangju District Court 2017Kadan51760, Oct. 20, 2017.

The Defendant supplied a favorable product to the non-party company from November 2015 to January 2016. On December 16, 2016, in order to secure the right to purchase goods, the Defendant entered into a collateral security agreement (hereinafter “mortgage agreement”) with the non-party company setting up the collateral security amount of KRW 170,000,000 on the instant real estate in order to secure the right to purchase goods, and completed the establishment registration of the collateral security on the same day.

On the other hand, on September 21, 2017, upon the application of E Co., Ltd. (E) (hereinafter “E”), the real estate auction procedure of this case was initiated with Gwangju District Court D, and was sold to a third party KRW 1,566,00,00. On April 23, 2019, the above court sold KRW 336,00,000, out of KRW 1,559,602,84, which was to be actually distributed out of the proceeds of distribution other than the auction expenses, out of KRW 1,59,60,000, KRW 293,975,226,00 to E, a first-class collective security right holder, a second-class collective security right holder, a third-class collective security right holder, a third-class collective security right holder, a second-class collective security right holder, a third-class collective security right holder, a third-class collective security right holder, a second-class collective security right holder, a third-class collective security right holder.

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