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(영문) 제주지방법원 2020.10.30 2018가단66946
배당이의
Text

1. Of the dividend table prepared on December 14, 2018 by this Court with respect to Jeju District Court C cases, the amount of dividends to the defendant.

Reasons

1. Facts of recognition;

A. In Jeju, the status of the establishment of the right to collateral security (hereinafter “instant real estate”) was set up as follows with respect to E forest land E 11,256 square meters (hereinafter “the instant real estate”).

1) The FF Co., Ltd. was J, but its name was changed; hereinafter “FF Bank”). On April 17, 2012, the FF Bank completed the registration of creation of a new mortgage (hereinafter “mortgage”) with the maximum debt amount of KRW 169,00,000,000, and the debtor D’s establishment of a new mortgage (hereinafter “mortgage”).

(2) On June 22, 2016, the Defendant completed the registration of the establishment of a mortgage in this case on the ground of “transfer of confirmed claim as of June 20, 2016.” (2) G completed the registration of the establishment of a mortgage in this case on December 12, 2014, and the debtor D. On March 2, 2016, H completed the registration of the establishment of a mortgage in this case on the ground that “transfer of confirmed claim as of February 29, 2016.”

3) On November 19, 2015, the Plaintiff completed the registration of creation of a mortgage near the debtor D, the maximum debt amount of KRW 1.5 billion, and the establishment of a mortgage near the debtor D. B. The Plaintiff’s objection to the distribution schedule and the Plaintiff’s objection to the distribution 1) filed an application for voluntary auction with the Jeju District Court C on December 1, 2017, and received a decision of commencement.

2) On December 14, 2018, the Jeju District Court prepared a distribution schedule as follows. The Jeju District Court presented to the Jeju Special Self-Governing Province the following distribution schedule as follows. On December 14, 2018, the Defendant, who is the creditor having the right to issue dividends of KRW 136,720,000 (total amount of the maximum amount of claims) to the Defendant, who is the creditor having the right to apply for the second distribution of KRW 169,00,000 (the mortgagee), was present on December 14, 2018 to the Jeju District Court 2014Kadan1379, Jeju District Court 15,225,373 (the claimed amount of KRW 38,00,00) to the Plaintiff, who is the mortgagee having the right to distribute dividends of KRW 721,535,691 (the maximum amount of claims amount of KRW 1.5 billion). The Plaintiff raised a lawsuit of demurrer against the Defendant on the distribution date of KRW 100,100.

C. On June 20, 2016, the defendant filed a request for registration of transfer of right to collateral security and filed a request for auction, one of which is a collateral obligation against DF bank.

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