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(영문) 대전지방법원 서산지원 2017.01.26 2016가합50114
배당이의
Text

1. On January 20, 2016, the Daejeon District Court rendered Seosan Branch P and Q (Dual) compulsory auction cases for real estate.

Reasons

1. Basic facts

A. On September 18, 2002, the Plaintiff: (a) registered the creation of a new mortgage on each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”; and (b) based on the sequences individually named, the Plaintiff registered the creation of a new mortgage on each of the instant real estate via T with the maximum debt amount of KRW 1 billion, the debtor, the Plaintiff, and the mortgagee.

B. On March 9, 2011, the registration of the establishment of a neighboring mortgage in T’s name was cancelled, and thereafter, the registration of the establishment of a collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 1 billion, the debtor, the plaintiff, and the mortgagee U was completed regarding each of the instant real estate.

C. On May 12, 201, with respect to the registration of the establishment of the instant neighboring mortgage, the supplementary registration of the transfer of the right to collateral security made Defendant C as the mortgagee was completed due to the transfer of the confirmed claim.

With respect to the instant real estate Nos. 1, 3, 4, and 5, the Plaintiff’s creditor V applied for a compulsory auction and received a decision to commence compulsory auction on April 23, 2014 (Seoul District Court Seosan Branch P), and Defendant C filed an application for voluntary auction based on the instant collateral security, and received a decision to commence voluntary auction on December 11, 2014.

(Susan Branch of Daejeon District Court). The above two auction procedures were conducted by double auction.

(hereinafter “instant auction procedure”). (e)

In the auction procedure of this case, on January 20, 2016, the auction court prepared a distribution schedule with the content that distributes the amount of KRW 30 million to Defendant C in the second order among the amount of KRW 1,715,751,415, which is the date of distribution, to Defendant C, KRW 850,305,063, KRW 208,613 to R, KRW 20,978,613 to R, KRW 40 million to Defendant D, and KRW 4,346,252 to Defendant D, respectively.

On the date of the above distribution, the Plaintiff raised an objection against the total amount of each of the above dividends.

F. R died before the instant suit was filed, and the Defendant J, K, L, M, N, andO succeeded to R.

G. Before the instant lawsuit, S died, and Defendant E, F, G, H, and I inherited S.

[Grounds for recognition] Defendant B, C, E, F, G, H, and I: There is no dispute.

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