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(영문) 대구지방법원 2017.05.18 2016가단10688
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) Defendant B and C are Co., Ltd. (hereinafter “Nonindicted Company”) on October 18, 2013.

(A) and the Daegu Dong-gu, Daegu-gu, the ownership of which are 10,105 square meters of H site (hereinafter referred to as “instant land”).

(2) Defendant B and C have a claim against the non-party company based on payment order (No. 26,656,615, and damages for delay) under the Daegu District Court 2014Guj8444 (No. 24, 2010).

3) On April 20, 201, I registered the establishment of a neighboring mortgage of KRW 70 million with respect to the instant land. On October 10, 2014, I registered the establishment of a neighboring mortgage of KRW 70 million with respect to the instant land. B. On February 25, 2015, the Plaintiff registered the establishment of a neighboring mortgage of KRW 150 million with respect to the instant land (the debtor was not a non-party company) on the basis of the transfer of a finalized claim to Defendant C.

C. In 2015, the National Federation of Fisheries Cooperatives requested a voluntary auction based on the right to collateral security of KRW 2.16 million with respect to the instant land. On February 26, 2015, the Daegu District Court rendered a decision to voluntarily commence the auction on the instant land.

Meanwhile, in 2015, the Plaintiffs filed an application for compulsory auction on the instant land and the three-story buildings owned by the non-party company (hereinafter “instant building”) based on the payment order claim against the non-party company in Daegu District Court 2014Da8844, and filed an application for compulsory auction against the non-party company on May 19, 2015.

The building of this case constructed by the non-party company was registered on May 20, 2015 due to the decision to commence compulsory sale of the building. D.

On June 2, 2015, Defendant D concluded a mortgage-based contract on the building of this case with the non-party company and established a mortgage-based maximum debt amount of KRW 200 million.

E. On March 28, 2016, the auction court held on the date of distribution of the said Daegu District Court E and F (Dual) auction case in this case from the proceeds of sale.

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