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(영문) 광주지방법원 2017.07.21 2016가단524642
배당이의
Text

1. Defendant ., of the distribution schedule prepared by the said court on September 23, 2016 with respect to the auction case of real estate B by the Gwangju District Court.

Reasons

1. Facts of recognition;

A. (1) On January 31, 2011, the Plaintiff is deemed to be the Plaintiff’s Dongin-gu Da 1111-dong 202 (hereinafter “instant apartment”).

(2) On February 8, 2011, G, the Plaintiff’s children, entered the instant apartment in his/her domicile and completed the resident registration on May 11, 201, and transferred his/her resident registration to H apartment 1001, Seo-gu, Gwangju, Seo-gu, with the period of 40,000, and 24 months for lease. At that time, G, the wife, F, and G, as the wife, moved into the instant apartment. The Plaintiff’s resident registration was completed again on August 30, 2013.

3) On March 6, 2013, the Plaintiff transferred the resident registration of the instant apartment to the instant apartment. B) As to the instant apartment, the registration of creation of a mortgage (the maximum debt amount, 69,600,000) was completed on June 18, 2012, under the Act No. 119450, which was received on June 18, 2012 from the mortgagee-mortgage Hanam Agricultural Cooperative, the debtor C, and the Gwangju metropolitan District Court, which was the mortgagee C. C. Defendant Hanam Agricultural Cooperative, around August 2015 (hereinafter “instant auction procedure”).

(D) On August 27, 2015, the registration of the decision on voluntary commencement of auction was completed. The Plaintiff submitted an application for a report on rights and a request for distribution on September 30, 2015, and the apartment of this case was sold at KRW 114,187,00. D. The auction court set the amount of KRW 111,816,125 as the actual amount of dividends in the distribution procedure that was completed on September 23, 2016, except for the Plaintiff’s dividends, the said distribution schedule as indicated in the following table (hereinafter “instant distribution schedule”).

A) The Plaintiff prepared an objection against the entire dividend of the Defendants. The Plaintiff raised an objection against the Defendants’ dividends. The Plaintiff’s creditor, 111,816,125, 125, 125, 111,383,383, Defendant Hanam Agricultural Cooperative Co., Ltd. (the applicant and mortgagee), Defendant Hanam Agricultural Cooperative Co., Ltd. (the mortgagee), Defendant Hanam Agricultural Cooperative Co., Ltd., Ltd. (the provisional seizure right holder), Defendant Hanam Agricultural Cooperative Co., Ltd. (the amount of a claim against a mortgagee), Defendant Hanam Agricultural Cooperative (the provisional seizure right holder),

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