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(영문) 광주지방법원순천지원 2017.12.07 2017가단5918
배당이의
Text

1. A distribution schedule prepared on June 13, 2017 by this Court with respect to a compulsory auction case against real estate A with the Gwangju District Court Netcheon District Court A.

Reasons

1. Basic facts

A. Nonparty B and two others (hereinafter “B, etc.”) filed an application for business support with the Defendant in relation to the new construction of C on the land listed in attached Table No. 2 of the attached Table No. 2. As part of the C Modernization project in 2008, the Defendant decided to grant KRW 60,000,000,000 for the State subsidies and KRW 60,000,000 for the Defendant’s subsidies, and paid the amount.

B. B, etc. newly constructed a building listed in attached Table No. 1 (hereinafter “instant building”) to be used as C, and completed registration of initial ownership on August 29, 2012 with respect to the instant building, and completed registration of initial ownership on September 30, 2014 with the maximum debt amount of the Defendant’s title KRW 120 million (hereinafter “mortgage”).

C. Meanwhile, on April 5, 2016, the payment order was finalized to the effect that “B shall pay to the Plaintiff KRW 134,477,389 and delay damages” with respect to B, the Plaintiff applied for a compulsory auction order on each real estate listed in the separate sheet owned by B, which was based on the payment order finalized by the Plaintiff. The Plaintiff filed an application for compulsory auction on July 7, 2016 with the Gwangju District Court Netcheon Branch A for each real estate listed in the separate sheet owned by B, which was based on the final payment order.

On June 13, 2017, the Gwangju District Court set up a distribution schedule (hereinafter “instant distribution schedule”) by allocating KRW 104,266,809 to the Defendant as a second-class collateral security holder with the dividend priority in the case of compulsory auction, and by distributing the remaining amount to the Plaintiff, the lower-class (fourth) allocating KRW 10,847,413 to the Plaintiff.

E. Accordingly, the Plaintiff appeared on the date of distribution, and raised an objection to the full amount of the Defendant’s dividend, and thereafter filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1, 2, 6, 7 (including serial number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the assertion is the secured claim between the Defendant and B.

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