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(영문) 광주지방법원 2015.08.21 2014가단52990
배당이의
Text

1. Of the distribution schedule prepared on October 24, 2014 by the above court as to the case of application for compulsory auction against B real estate by the Gwangju District Court.

Reasons

1. Basic facts

A. On July 16, 2002, the Defendant completed the registration of creation of a mortgage (hereinafter “mortgage of this case”) on July 23, 1996, with the following joint collateral: (a) the number of which is changed as above due to replotting on July 16, 2002 (hereinafter “instant real estate”) from 3164 square meters from 3164 square meters in Yong-gun, Jeonsung-gun, Jeonsung-gun, Jeonsung-gun, Jeonsung-gun, Kim Sung-gun, the Seoul Special Metropolitan City, which was owned by Nonparty C, to the extent that the parcel number is changed due to replotting on July 16, 2002; (b) the registration number is changed as above; (c) the registration office of the head of the Gwangju District Court and the registry office of the Gwangju District Court as the maximum debt amount of which is KRW 80 million with the maximum debt amount of KRW 11411.

B. In addition, on July 23, 1996, the Defendant completed the registration of creation of a mortgage with the amount of maximum debt amount of KRW 90 million under the receipt of the registration office of the Gwangju District Court No. 35236 on July 23, 1996, with the joint security of KRW 80.55 square meters of Seoul, Nam-gu F, 178.2 square meters, and F cement cement bricks slive roof one-story (hereinafter “F land and building”).

C. On December 22, 1999, the Defendant received dividends of KRW 48,821,873 in the auction procedure for real estate rent on the above F land and building.

The Plaintiff received a payment order from Nonparty C as Seoul Central District Court No. 201 tea79746 with respect to the instant real estate owned by Nonparty C, and filed an application for a compulsory auction of real estate with the Gwangju District Court B for a total of KRW 71,267,060 in total of KRW 14,778,798, interest KRW 56,48,262, and KRW 71,267,060. On March 20, 2014, the compulsory auction procedure (hereinafter “instant auction procedure”).

E. On October 24, 2014, the aforementioned court: (a) distributed KRW 80,000,000 to the Defendant, who is the mortgagee; and (b) drafted a distribution schedule that distributes KRW 4,412,293 out of the claimed amount to the Plaintiff (hereinafter “instant distribution schedule”).

F. On the date of the above distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit within the period of filing the lawsuit.

[Reasons for Recognition] Facts without dispute, described in Gap evidence 1 through 6 (including branch numbers, if any);

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