logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2019.01.09 2018가합10541
배당이의
Text

1. It was prepared by the said court on April 23, 2018 with respect to the compulsory auction case of real estate B located in the Changwon District Court Jinwon Branch B.

Reasons

1. Facts of recognition;

A. The establishment of a right to collateral security C with respect to each real estate listed in the separate sheet shall complete the registration of ownership transfer for each real estate listed in the separate sheet from July 12, 2007 to October 11, 2007 (hereinafter “each real estate of this case”).

C On February 23, 2012, the maximum debt amount of each of the instant real estate was KRW 1.2 billion; the debtor C; the grounds for registration was a contract concluded on February 20, 2012; the mortgagee completed the registration of creation of a neighboring mortgage as the defendant.

(hereinafter “instant collateral security”). B.

On May 19, 2017, the Plaintiff filed an application with C for a payment order seeking reimbursement against C.

(C) On May 1, 2017, the lower court ordered the Plaintiff to pay to the Plaintiff 860,33,906 won and KRW 855,683,356 from April 28, 2017 to the delivery date of the original copy of the payment order, 10% per annum, and 15% per annum from the next day to the full payment date.” This was finalized on June 13, 2017.

(hereinafter “instant payment order”). C.

1) On June 13, 2017, the Korea Credit Guarantee Fund (competent jurisdiction) filed an application for a compulsory auction on each of the instant real estates with the Changwon District Court Jinju Branch B upon the instant payment order, and the said court rendered a decision to commence the auction on June 14, 2017 and continued the auction procedure (hereinafter “instant auction”).

(2) Of KRW 1,379,375,931, the amount to be actually distributed on the date of distribution on April 23, 2018, the said court: (i) KRW 1.28,510,00 to the Defendant, who is the first mortgagee; (ii) KRW 16,128,510,00 to the Jinju Branch of the National Health Insurance Corporation, the second mortgagee; (iii) KRW 1,741,640 to the Jinsan Branch of the National Health Insurance Corporation, the third mortgagee; (iv) KRW 67,539,745 to the Plaintiff, each of which is the fourth creditors; and (v) KRW 76,590,278 to the Korea Credit Guarantee Fund (competent Branch); and (v) jurisdiction of the Credit Guarantee Fund.

arrow