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(영문) 인천지방법원부천지원 2014.05.22 2012가합7150
배당이의
Text

1. Of the distribution schedule prepared on September 14, 2012 by the same court with respect to the distribution procedure case by Busan District Court Branch C.

Reasons

1. Basic facts

A. The Plaintiff’s judgment bond Nonparty D, E, and F (hereinafter “D, etc.”) issued and delivered to the Plaintiff a promissory note of KRW 420,000,000 in face value, and the Plaintiff filed a claim for loans with Nonparty D, etc. under the instant court order 2012Ga4543, which did not pay the said promissory note.

Accordingly, on May 8, 2012, the above court rendered a judgment that "D, E, and F jointly paid to the Plaintiff KRW 348,719,613 and its related amount D, E, and F, from December 9, 2011, and from March 17, 2012 to the date of full payment, F, at the rate of 20% per annum, from March 17, 2012, and the above judgment became final and conclusive around that time.

B. 1) D’s relation to the instant real estate is 2,545 square meters from G on April 13, 2006 (hereinafter “instant real estate”).

(C) After the completion of the registration of ownership transfer, the new Gimpo Agricultural Cooperatives (hereinafter referred to as “Seoul National Agricultural Cooperatives”) shall be the same day.

(2) On January 26, 2007, D concluded a mortgage agreement with the Defendant regarding the instant real estate with a maximum debt amount of KRW 600 million (hereinafter “instant mortgage agreement”). On January 31, 2007, D concluded a mortgage agreement with the Defendant regarding the instant real estate with the maximum debt amount of KRW 227.5 million (hereinafter “the instant mortgage agreement”). On January 31, 2007, D completed a mortgage registration for the establishment of a mortgage for the second priority neighborhood (hereinafter “the instant mortgage registration”).

3) Meanwhile, the Plaintiff filed an application for provisional seizure against the instant real estate under this Court 2009Kahap199 with the face value claim stated in the foregoing paragraph as the preserved right, and the said court accepted it and rendered a decision of provisional seizure in accordance with the purport of the above application on February 23, 2009.C. 1) The Defendant filed an application for voluntary auction against the instant real estate with the court C and rendered a decision of voluntary auction on November 23, 201 upon having filed an application for the auction against the instant real estate.

The auction procedure of this case (hereinafter referred to as “instant auction procedure”).

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