logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.27 2016나13442
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. As to the real estate listed in the separate list No. 1 owned by the debtor C (hereinafter “instant real estate”), ① the registration of creation of the right to collateral security, which was filed by the plaintiff as the priority number 1, 2578,000 of the maximum debt amount, 208,000,000 won and the registration of creation of the right to collateral security, which was filed by the plaintiff as the plaintiff, was completed on August 10, 2015, namely, the Daegu District Court Kimcheon-do, as the priority number 1; ② the registration of creation of the right to collateral security, which was filed as the defendant of the right to collateral security, was completed on August 10, 2015, with the maximum debt amount of KRW 150,00

(B) The registration of the establishment of the above right to collateral security (hereinafter referred to as the “mortgage 1”) was made by the mortgagee, and the registration of the establishment of the right to collateral security (hereinafter referred to as the “mortgage 2”).

The Plaintiff filed an application for the commencement of voluntary auction on the instant real estate as the Daegu District Court Kimcheon Branch B, based on the instant collateral security, and received a decision to commence voluntary auction on March 15, 2016.

C. The permanent address of the resident filed a claim for the issuance of KRW 1,906,680, the aggregate of the property tax on the debtor C, which is the non-unfair tax, to the debtor C, and the statutory due date of the property tax claimed for the issuance is the highest date September 10, 2015.

(2) The Plaintiff filed a claim for the issuance of KRW 4,726,490,00 in total, in arrears, to the Defendant C, even with the resident branch office of the National Health Insurance Corporation (hereinafter “instant tax”). Of the claims, only the total amount of KRW 3,514,90 is within August 10, 2015.

(hereinafter referred to as the “instant public charges”) d. of national health pension contributions, the payment deadline of which is within August 10, 2015.

In the distribution procedure of the aforementioned real estate auction case, the auction court prepared a distribution schedule with the content that the amount of KRW 278,032,809 to be actually distributed was distributed as shown below in the following table.

(hereinafter referred to as “instant distribution schedule”). (Units: 3,514,900, 357,8231, the mortgagee of the right to claim a dividend of the amount of claims against creditors who are classified into the order of priority, is the mortgagee of the National Health Insurance Corporation (public charges) and the mortgagee of the right to claim a dividend.

arrow