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(영문) 울산지방법원 2017.03.16 2016가단17223
배당이의
Text

1. Defendant among the distribution schedule prepared on July 22, 2016 by the said court with respect to the auction of real estate B by the Ulsan District Court.

Reasons

1. Facts of recognition;

A. On July 23, 2013, the Plaintiff, at the recommendation of C, invested KRW 200 million in the Hyd Co., Ltd. (hereinafter “Hyd Co., Ltd.”) with the investment of KRW 200 million, and was promised to pay 1% annual investment dividends and repay the principal two years after the Hyd Co., Ltd.’s repayment.

On July 29, 2013, in order to receive the payment of the above investment dividends and repayment of principal, the Plaintiff received from C the registration of creation of a mortgage over the debtor D land and a building on land owned by Ulsan-gun, Ulsan-do (hereinafter “instant real estate”) with the maximum debt amount of KRW 220 million (hereinafter “registration of creation of a mortgage over the instant real estate”).

B. The Plaintiff applied for an auction of KRW 200 million of the invested principal as the amount of secured debt, and received a decision to voluntarily commence the auction on November 18, 2015.

C. As to the instant real estate on January 19, 2012, in addition to the registration of the creation of the instant mortgage, the registration of the establishment of the mortgage of the debtor C, the mortgagee C, the North Korean Agricultural Cooperatives, the maximum debt amount of KRW 84 million on September 10, 2012, the registration of the establishment of the mortgage of the debtor C, the mortgagee C, and the maximum debt amount of KRW 84 million on September 10, 2012, the debtor Drums, the maximum debt amount of KRW 30 million on September 19, 2012 (the changed maximum debt amount of KRW 20 million on September 19, 2012), the registration of the establishment of the mortgage of the debtor on September 18, 2012, the registration of the establishment of the mortgage of KRW 1,60 million on September 18, 2012, each of the maximum debt amount of KRW 200,000,000,000.

On the other hand, E applied for the purchase at the above auction procedure, and the bid price was paid in full on June 17, 2016.

On July 22, 2016, the court of execution above is actual on the date of the open distribution.

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