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(영문) 춘천지방법원영월지원 2019.07.10 2018가단10130
배당이의
Text

1. On January 24, 2018, prepared by the above court concerning the case of application for a voluntary auction of D real estate with the Youngcheon District Court Young-gu Branch D.

Reasons

1. Basic facts

A. On July 2, 2015, the Plaintiff filed a lawsuit against E for the claim for reimbursement with the Seoul District Court 2015 Ghana6107, and on July 2, 2015, the said court rendered a decision to recommend performance that “E shall jointly and severally with F to the Plaintiff for the payment of the amount of KRW 21,230,190 and KRW 5,415,893, the amount of KRW 15% per annum from June 11, 2015 to August 24, 2015, and the amount of KRW 20% per annum from the next day to the date of full payment.” The said decision to recommend performance became final and conclusive on September 8, 2015.

On the other hand, on January 10, 2018, the amount of the Plaintiff’s claim against E based on the above performance recommendation decision is 8,274,790 won in total.

B. On December 6, 1995, G and E issued to H Co., Ltd. the issuer G, E, face value 92,179,872 won, and promissory notes with a sight payment date (hereinafter “instant promissory notes”) and then drawn up a deed of promissory notes (No. 1636, 1995, No. 1636, a notary public of the International Joint Law Office) related thereto.

C. Next, E completed the registration of creation of a mortgage (hereinafter “mortgage”) with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) on December 8, 1995 on the ground of the contract on December 8, 1995, as the receipt of 11307 on December 28, 1995, including the maximum debt amount of KRW 79,680,000, the debtor G, the mortgagee of the right to collateral security (hereinafter “mortgage”).

After that, on the ground of corporate merger on March 30, 1996, the additional registration of the transfer of the right to collateral security was completed as of August 23, 2016 by the same registry office No. 8075, which was received on August 23, 2016, and the additional registration of the transfer of the right to collateral security was completed as of October 31, 2012 by the same registry office No. 8076, which was received on August 23, 2016.

The Defendant applied for the commencement of voluntary auction on each of the instant real estate based on the instant right to collateral security, and rendered a voluntary decision to commence auction as D on January 20, 2017.

The above auction court on January 24, 2018 shall be the date of distribution.

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