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(영문) 서울중앙지방법원 2019.09.04 2018가단47708

배당이의

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Seoul Central District Court H and I (Dupl) opened the auction procedure for real estate (hereinafter “instant auction procedure”) with respect to the buildings, etc. listed in Section 2 of the attached Table No. 1/2 owned by the Plaintiffs (hereinafter “instant buildings”).

On August 7, 2018, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that, among the amount to be actually distributed on August 7, 2018, the distribution amount of KRW 3,796,816,773, the remaining amount of KRW 1,342,06,590, remaining after distributing to the mortgagee of the right to collateral security or the pledgee of the right to collateral security regarding the instant building (hereinafter “instant distribution schedule”).

The Plaintiffs appeared on the date of the above distribution, and raised an objection to the whole amount of dividends to the Defendants.

Meanwhile, at the time of the commencement of the instant auction procedure, the registration of provisional attachment (the claimed amount of KRW 60 million), the registration of provisional attachment (the claimed amount of KRW 49,417,623) of Defendant D, which was completed on March 11, 2008, was completed on August 31, 201 and November 9, 201 under the name of the J as established on August 31, 201. Of the instant building, the registration of provisional attachment (the claimed amount of KRW 60 million) of Defendant C, which was completed on March 11, 2014, for Defendant D’s provisional attachment (the claimed amount of KRW 49,417,623), ⑤ the registration of provisional attachment (the claimed amount of KRW 53,49,49,400) of Defendant D, which was completed on November 16, 2016.

K, a housing lessee with a fixed date at the instant auction procedure, demanded distribution, entered into a lease agreement with Defendant B to rent the second floor of the instant building in KRW 100 million (hereinafter “instant lease agreement”) around August 10, 2016, and obtained a fixed date in the instant lease agreement on October 21, 2016.

[Ground of recognition] The plaintiff D's assertion that there was no dispute, Gap's evidence Nos. 1, 6, 7, and 10, the whole pleadings, and the purport of the main defense of this case.