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(영문) 인천지방법원부천지원 2017.07.14 2016가단114158
배당이의
Text

1. Of the distribution schedule prepared by the above court on September 21, 2016 with respect to the distribution procedure case of Busan District Court Branch C.

Reasons

1. Facts of recognition;

A. The Plaintiff received the seizure and collection order (hereinafter “instant claim”) against D’s collateral security right claim (hereinafter “instant claim”) issued by D’s registry office of Incheon District Court No. 3063, Sept. 30, 2009, No. 3063, which was received on September 30, 2009, with respect to the registration of establishment of neighboring mortgage (creditor D, debtor, G, maximum debt amount of 70,000,000) as the spouse of H, the representative director of the Plaintiff Company B (hereinafter “Defendant B”) and the notary public prepared a seizure and collection order (No. 2015No. 85) against the Defendant Company B (hereinafter “Defendant B”), with respect to D’s collateral security right claim (hereinafter “mortgage No. 1535, Mar. 15, 2014”).

3) Defendant B received a seizure and collection order (No. 2015TT 3984, this Court), with respect to the instant claim based on the original copy of the notarial deeds for money loan contract for transfer security (No. 271), No. 2012, No. 2012, Nov. 2, 2012, 201, prepared by a notary public, in June 8, 2012 (hereinafter “notarial deeds for money loan contract for transfer security (hereinafter “Defendant B”) and the original copy of the payment order (hereinafter “instant payment order”) dated Nov. 2, 2012. (B) The Plaintiff filed a request for auction with the Incheon District Court for each real estate stated in paragraph (a), and sold it on Jun. 16, 2016.

2) As to the deposited money in the above auction procedure, the distribution procedure was carried out in this court C (hereinafter “instant distribution procedure”). On September 21, 2016, the said distribution court drafted a distribution schedule that distributes the amount of KRW 3,014,446 to the Defendant A, KRW 27,686,421 to the Defendant Company B, KRW 27,686,421 to the Plaintiff, and KRW 35,618,538 to the Plaintiff, among the amount to be actually distributed on the date of distribution on September 21, 2016.

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