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(영문) 서울중앙지방법원 2018.12.20 2018가단5043114

배당이의

Text

1. The Plaintiff:

A. Both Defendant Co., Ltd. and Defendant Co., Ltd. are under the jurisdiction of the Republic of Korea.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against both Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) seeking cancellation of the right to collateral security (hereinafter “Defendant Co., Ltd.”) in the said lawsuit, and the said judgment became final and conclusive on September 222, 2016, stating that “The obligation based on the joint and several surety agreement between the Defendant Co., Ltd. and the Defendant Co., Ltd. on August 11, 2014 with respect to the obligation arising from commercial transaction between Ulle and C does not exceed 250,000 won” (Seoul Central District Court Decision 2015Da523794), dismissal of the appeal, and dismissal of the appeal.

B. On August 19, 2014, with respect to No. 102 of the first floor, Gangnam-gu Seoul, which was owned by the Plaintiff, Defendant U.S. completed the registration of creation of a neighboring mortgage in the amount of KRW C, C, the maximum debt amount of KRW 100,000,00 on August 19, 2014, with respect to E, E, F, G land, and housing above ground, the registration of creation of a neighboring mortgage in the amount of KRW C, the maximum debt amount of KRW 150,00 on August 18, 2014 was completed.

After that, on April 29, 2015, U.S. filed an application for the auction of each real estate in Suwon District Court H (hereinafter “First Auction Case”) with respect to each of the above real estate in Ansan-si, and with respect to the above D housing, the Seoul Central District Court B (hereinafter “Second Auction Case”) filed an application for the auction of each real estate.

C. On February 21, 2018, Defendant U.S. received dividends of KRW 150,00,000 (the maximum amount of claims) and KRW 52,509,234 as the applicant creditor and the mortgagee as the mortgagee of the first auction case. On February 27, 2018, Defendant U.S. received dividends of KRW 100,000 as the applicant creditor and the mortgagee of the second auction case, as the creditor of the claim and the mortgagee of the second auction (the maximum amount of claims), and as the Plaintiff’s collection right, KRW 12,487,894 as the Plaintiff’s collection right.

The Deputy Governor of Gangnam-gu, the Defendant National Health Insurance Corporation (hereinafter referred to as the “Defendant Corporation”) is the issuing authority, and KRW 10,163,160 in the first auction case on February 21, 2018, and KRW 7,965,720 in the second auction case on February 27, 2018, and KRW 2.0 in the second auction case on February 27, 2018.