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(영문) 창원지방법원 2021.01.14 2020가단5733
배당이의
Text

1. Of the instant lawsuit, the part seeking dividends against the Plaintiff in excess of KRW 22,311,884 shall be dismissed.

2...

Reasons

1. Basic facts

A. On September 27, 2016, the Plaintiff and H are the right holders who completed the registration of transfer of ownership with respect to the portion of public land owned by one half of each apartment Jho-ho (hereinafter “instant apartment”).

B. On September 27, 2016, K Co., Ltd. (hereinafter “K bank”) completed the registration of the creation of a collateral security right (hereinafter “mortgage”) with respect to the instant apartment on the basis of the maximum claim amount of KRW 246,00,000, the debtor, the debtor, and the debtor with respect to the instant apartment.

As to the portion of the instant apartment, Defendant C’s share of 1/2 H’s public land among the instant apartment units on December 12, 2018; the Industrial Bank of Korea on February 28, 2019; and Defendant E completed the registration of provisional seizure on April 12, 2019.

(d)

K Bank prepared a distribution list with the content of distributing KRW 247,802,538 of the amount to be actually distributed on June 18, 2020, in the auction procedure commenced after filing an application for voluntary auction of the instant G real estate based on the instant collateral security (hereinafter “instant distribution list”).

The “L Limited Company” is a successor to the K Bank’s request for auction, and hereinafter “the instant right to collateral security”). E. The Plaintiff appeared on the dividend date and raised an objection against the Defendants in full, and on June 24, 2020, filed the instant lawsuit against the Defendants. The purport of the claim at the time of the Plaintiff’s request was to either reduce the amount of dividends to KRW 22,31,884 (the amount of dividends to Defendant C is KRW 7,735,311 to KRW 3,670,929 and the amount of dividends to Defendant E shall be reduced to KRW 8,090,780 to KRW 4,112,647, and the amount of dividends to the Defendant Bank shall be reduced to KRW 28,537,358 to KRW 14,267,989, and the amount of dividends to the Plaintiff shall be reduced to KRW 22,311,84 to KRW 2848).

F. Meanwhile, on July 6, 2020, the Plaintiff filed an application for correction of the purport of the claim and the cause of the claim, and filed an objection to the dividend amounting to KRW 22,656,759 (the dividend amount to Defendant C shall be reduced to KRW 3,784,827, and the dividend amount to KRW 8,090,780 shall be reduced to KRW 3,958,756.

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