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(영문) 수원지방법원 2015.08.13 2014나37870
배당이의
Text

1. Revocation of a judgment of the first instance;

2. As to the case of the voluntary auction of real estate D in Suwon District Court, Sung-nam District Court.

Reasons

1. Basic facts

A. On July 1, 201, the Plaintiff leased 30 million won interest at 3% per month (interest on the first day of each month as the due date for payment), the due date for payment as of October 1, 2011 (hereinafter “the instant loan for consumption”) and the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; effective October 26, 201), after the enforcement of the former Interest Limitation Act (amended by Act No. 10925, Oct. 25, 201) changed interest to 2.5% per month.

B. E, on the date of the above monetary loan, completed the registration of the establishment of a neighboring mortgage to the obligor E, with respect to the multi-family house on the fourth floor of the F of Gwangju City owned by the Plaintiff (hereinafter “instant real estate”).

C. E did not pay interest to the Plaintiff from January 2013, and thereafter, the Sungnam Central Credit Union, a senior mortgagee of the instant real estate, applied for the auction of the instant real estate to Suwon District Court Sungnam Branch D for a voluntary auction of the instant real estate, which was rendered by the said court on April 12, 2013.

On February 13, 2014, Sungwon District Court established a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that each of the Defendants, G, H, I, and J pays KRW 19 million, on the ground that the Defendants, G, H, I, and J is a small lessee, in the first order of 508,863,275, and that each of them is a small lessee, in the second order of 503,250,000 won at the time Gwangju, a person entitled to issue the relevant tax, in the third order of 5,50,000 won to the lessee, in the fourth order of 5,00,000 won to the lessee, and 303,360,025 won to the Sungnam Central Credit Cooperative, a mortgagee, an applicant-mortgage and a secured creditor, in the fifth order of 5,00,000 won to distribute each of them (hereinafter referred to as

E. The Plaintiff appeared on the aforementioned date of distribution, and stated that he/she raised an objection against the total amount of the dividend of the Defendants, and filed a lawsuit of demurrer against distribution on February 19, 2014.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 3, 4, 8, 9, 13 through 17 (including each number, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties’ assertion.

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