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(영문) 서울북부지방법원 2015.08.13 2014가단23857

배당이의

Text

1. The Defendant and Nonparty B entered into a contract on August 7, 2013 with respect to the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. On July 28, 2011, the Plaintiff lent KRW 44,000,000 to Nonparty B to secure this, and registered the establishment of a mortgage over KRW 52,800,000 with respect to an apartment building indicated in the separate sheet owned by B (hereinafter “instant apartment”) to the debtor, the maximum debt amount, KRW 52,80,000.

B. However, on July 28, 2011, the establishment registration of the instant apartment was completed with respect to the instant apartment prior to the Plaintiff, at the same time, the establishment registration of the mortgage amount of KRW 216,000,000, the Dongdaemun-gu Central Saemaul Depository, B, and the maximum debt amount.

On September 16, 2011, the establishment registration of the apartment in the instant case was completed prior to the establishment registration of the mortgage amount of KRW 150,000,00 on the mortgagee D (B), the debtor, the maximum debt amount of KRW 150,000.

C. Meanwhile, as between August 7, 2013, the Defendant entered into a contract with B for lease of KRW 30,000,000 for the instant apartment (a contract deposit of KRW 3 million shall be KRW 27 million on August 7, 2013; and a contract for lease of KRW 27 million on August 19, 2013) from August 19, 2013 to August 19, 2015 (hereinafter “instant lease contract”), and transferred the instant apartment to B with the date of August 4, 2013 after obtaining the instant lease contract from August 19, 2013 to the date of August 19, 2013. < Amended by Act No. 11935, Aug. 20, 200; Act No. 11900, Aug. 7, 2013; Act No. 11694, Aug. 27, 2013>

On the other hand, on September 6, 2013, the Seoul Northern District Court C real estate auction procedure was initiated on September 6, 2013 due to the voluntary auction application for the apartment of this case by the Dongdaemun Central Saemaul Bank.

E. In allocating the amount of KRW 238,604,570 to be actually distributed on June 12, 2014, the date of distribution, the above auction court: (a) KRW 25,00,000 to the Defendant of the small-sum lessee; (b) KRW 338,880 to the Defendant of the Seoul Special Metropolitan City Nowon-gu; and (c) KRW 1,057,960 to the Seoul Special Metropolitan City Nowon-gu branch office of the National Health Insurance Corporation with the third priority; and (d) KRW 212,189,30 to the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City