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(영문) 제주지방법원 2020.08.27 2020가단51640
배당이의
Text

1. Of the distribution schedule prepared by the Jeju District Court on January 31, 2020, the Jeju District Court against Defendant B in the Jeju District Court D distribution procedures.

Reasons

Facts of recognition

In full view of the facts without dispute and the evidence and the purport of the entire pleadings submitted by the plaintiff and the defendant, the following facts can be acknowledged:

The plaintiff is a general creditor of E.

In order to secure the return of deposit for lease, Defendant B is a mortgagee who completed the registration of creation of a neighboring mortgage (the debtor I and the maximum debt amount of 150 million won) by the Seoul Eastern District Court No. 253 on January 6, 1997, on the ground of a mortgage agreement on January 3, 1997, with respect to the first floor H of five lots of G building outside the F of Gangdong-gu Seoul Metropolitan Government, for the purpose of securing the return of deposit for lease.

Defendant C (J on the registry) is a mortgagee of a right to collateral security (debtor K and five other, the joint mortgagee LJ, the maximum debt amount of 250 million won) who completed the establishment registration of a collateral security right under the Seoul Eastern District Court No. 2419, Jan. 20, 1997, on the ground of a collateral security contract as of January 18, 1997 with respect to subparagraph 1 of the first floor and subparagraph 1 of the second floor of the G Building on five parcels outside the F of Gangdong-gu Seoul, Gangdong-gu, Seoul, to secure the return of the deposit for lease.

In the Jeju District Court D distribution procedure, the Plaintiff claimed KRW 1,912,095,443 based on the Jeju District Court 2019TTT 2019TT 1848 and the collection order; KRW 150 million based on the seizure and collection order based on the subrogation based on the Jeju District Court 2019TT 2019TT 1607; KRW 179,349,315 based on the Jeju District Court 2019T 19TT 2019T 166; and KRW 30 million based on the Jeju District Court 2019T 1944 subrogation and collection order.

The Jeju District Court distributed 150 million won to Defendant N on the date of distribution on January 31, 2020 (the share of distribution by Jeju District Court 2019TTTTT167), 20,621,216 (the share of distribution by Jeju District Court 2019TTT1966), 30 million won to Defendant C, and 219,848,801 to the Plaintiff, respectively.

On the date of distribution on January 31, 2020, the Plaintiff raised an objection against the dividend amount of KRW 150 million out of the dividend amount of Defendant B (the Jeju District Court 2019TT1607) and the dividend amount against Defendant C.

Defendant B.

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