logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2018.05.09 2017가단9107
배당이의
Text

1. Of the distribution schedule prepared on November 29, 2017 by the Hongsung Branch of the Daejeon District Court with respect to B real estate auction cases.

Reasons

1. Basic facts

A. On February 20, 2017, the Plaintiff completed the registration of creation of neighboring mortgage (hereinafter “mortgage”) with respect to 1,795 square meters and 2,264 square meters (hereinafter “instant real estate”) in Hong-gun, Hongsung-gun, Hongsung-gun, the Plaintiff filed an application for voluntary auction on the instant real estate with the Daejeon District Court Red Branch B (hereinafter “instant voluntary auction”) (hereinafter “instant voluntary auction”).

B. At the time of the application for the instant voluntary auction, the Plaintiff stated the amount of the secured debt of the instant right to collateral security as KRW 70,570,874 (including KRW 1,297,644 from December 25, 2016 to February 13, 2017) in the application for the auction at the time of the application for the instant voluntary auction.

C. On March 22, 2017, the period prior to the completion period to demand a distribution, the Plaintiff submitted a claim statement that expands the amount of claims to KRW 71,341,420 (including interest, overdue interest, KRW 2,068,190). On November 10, 2017, the Plaintiff submitted a claim statement that expands the amount of claims to KRW 77,878,535 (including interest, overdue interest, KRW 8,605,305) (including interest, overdue interest, KRW 8,605,305).

On November 29, 2017, the Daejeon District Court distributed dividends of KRW 70,570,874 to the Plaintiff, who is the holder of the right to distribute dividends, and prepared a distribution schedule that distributes KRW 13,610,860 to the Defendant, who is the holder of the right to distribute dividends, respectively.

E. On November 29, 2017, the Plaintiff stated an objection to the purport that the amount of KRW 13,610,860 against the Defendant ought to be reduced to KRW 6,303,199 on the date of distribution, and filed a lawsuit of demurrer against the distribution on December 5, 2017, which was within seven days thereafter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. On November 10, 2017, prior to the date of distribution of the instant auction procedure, the Plaintiff submitted a claim statement to the effect that the amount of the claim is extended to KRW 77,878,535, the Daejeon District Court, which was the executing court, to KRW 77,878,535, the gist of the Plaintiff’s assertion. As such, the executing court is based on the premise that the Plaintiff’s claim amount is KRW 7

arrow