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(영문) 울산지방법원 2015.05.12 2014가단29369
배당이의
Text

1. Ulsan District Court A’s A’s auction procedure, and the Defendant among the distribution schedule prepared by the same court on October 29, 2014.

Reasons

1. Basic facts

A. The following mortgage was established with respect to the land and its ground buildings in Ulsan-dong-gu, Ulsan-gu, B:

① Ulsan District Court No. 97166, Dec. 19, 2008; the mortgagee; the Defendant; the maximum debt amount of 52,000,000,000 won; and the obligor D (hereinafter “instant 52 million won”); and ② on May 11, 2009, the obligor B, as the obligor B, on the foregoing ① (3) No. 90633, Nov. 20, 2012, the Ulsan District Court No. 90633, Nov. 20, 2012; (4) the Defendant, the maximum debt amount of 8926,46,00,000 won, which was received on Feb. 7, 2013; and (5) the said modification of the 3rd mortgage (hereinafter “the instant modification of the maximum debt amount”); and (10,000,000 won, the maximum debt amount of 10,300,000 won, and 10,3000,000 won.

B. According to the Defendant’s application for voluntary auction on the above real estate, the procedure for the voluntary auction on real estate (hereinafter “instant voluntary auction procedure”) was initiated to the Ulsan District Court A.

C. On September 29, 2014, the Plaintiff acquired the right to claim dividends of the instant voluntary auction procedure from E. D.

The Defendant made a demand for distribution in the auction procedure of the instant case, and stated the following credit loans (hereinafter “credit loans of this case”) as collateral obligations of the right to collateral security.

(1) On May 13, 201, the loan limit of KRW 10,00,00, the loan balance of KRW 1,620,00,00, the repayment date of KRW 1,620,00, and the repayment date of May 13, 2014, the agreement rate of KRW 8.86% per annum, interest rate of arrears of KRW 17.86% per annum. (2) On September 8, 2012, the loan limit of KRW 5,00,00,000, the loan balance of KRW 5,00,00,000, September 18, 2015, the repayment date of KRW 8.78% per annum, and overdue interest of KRW 17.78% per annum.

E. On October 29, 2014, the Ulsan District Court drafted a distribution schedule of distributing KRW 95,612,577 to the Defendant and KRW 16,209,435 to the Plaintiff. The Plaintiff raised an objection against KRW 40,00,000 out of the Defendant’s amount of dividends.

F. Of the Defendant’s KRW 95,612,577, the amount of dividends for the instant credit loan ① is KRW 1,620,000 in total, and KRW 254,097 in total, and the amount of dividends for the instant credit loan ②.

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