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(영문) 춘천지방법원원주지원 2014.08.14 2013가단10399
배당이의
Text

1. A distribution schedule prepared on November 4, 2013 by the said court with respect to the Chuncheon District Court C real estate auction cases.

Reasons

1. Basic facts

A. The plaintiff and the defendant were married around 1986, but a consultation was married around November 29, 2004.

Since then, two persons were living together with others in April 2012.

B. On April 17, 2006, the Plaintiff completed the registration of ownership transfer on the ground of sale on the 14th of the same month with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

C. On February 2, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) against the Defendant regarding the instant apartment, with the maximum debt amount of KRW 50,000,000,000, and the debtor as the Defendant and the mortgagee as the Defendant.

On September 12, 2012, the Han Bank Co., Ltd., which was the first mortgagee at the time of the apartment of this case, had obtained a voluntary decision to commence the auction procedure on the apartment of this case (hereinafter “instant auction procedure”) with regard to the instant apartment upon receiving a decision to commence the voluntary auction procedure on the apartment of this case as the court C

E. On November 4, 2013, with respect to dividends under the instant auction procedure, KRW 77,879,240, out of KRW 79,874,190, which is to be actually distributed except for enforcement expenses, the instant court set up, in the first order, a distribution schedule (hereinafter “instant distribution schedule”) with the Defendant, the mortgagee, who is the mortgagee, distributes KRW 38,080 to the original city, the issuing authority of the pertinent tax, and in the second order, KRW 33,537,339 to the creditors of the claims of one bank, one stock company, the senior mortgagee, who is the senior mortgagee, and KRW 33,537,339 to the assignee of claims of one bank, the third order.

F. The Plaintiff appeared on the date of distribution prepared by the instant distribution schedule, and raised an objection to the amount of distribution to the Defendant, and filed the instant lawsuit on November 11, 2013.

G. Meanwhile, the Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the registration of the establishment of a mortgage in the instant case (hereinafter “former lawsuit”), claiming that the establishment of a mortgage in the instant case was invalidated due to the non-existence of the secured debt by the court No. 2013Ga5427, and the instant lawsuit was filed on August 20, 2013.

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