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(영문) 서울중앙지방법원 2016.05.03 2013가단315901

배당이의

Text

1. On November 22, 2013, the Seoul Central District Court has taken charge of the distribution procedure case, against the defendant in the distribution schedule prepared by this Court.

Reasons

1. Basic facts

A. Under the Act on the Maintenance of Urban Areas and Residential Environments, the Defendant is a housing redevelopment and maintenance project partnership established for the purpose of housing redevelopment and improvement project (hereinafter “instant redevelopment project”) regarding the Seoul Mapo-gu Seoul Metropolitan Government D Il-gi 64,452.96 square meters (hereinafter “instant project area”) pursuant to the Act on the Maintenance of Urban Areas and Residential Environments (hereinafter “instant redevelopment project”). A branch Es. Construction Co., Ltd. (hereinafter “branch Es Construction”).

The Plaintiff, as the owner of the Seoul Mapo-gu site and its ground housing located within the instant project zone (hereinafter collectively referred to as the “instant real estate”), renounced the sales contract as the Defendant’s member.

B. On July 1, 2008, the Plaintiff entered into a loan agreement for consumption and the establishment of a right to collateral security (1) with Defendant and DoS Es. Construction (hereinafter “Defendant, etc.”) with interest-free loan of KRW 110 million,000,000 as necessary for the Plaintiff’s relocation. If the Defendant, etc. fails to repay the above loan by the “designated date” as designated by the Defendant, etc., then the principal and interest shall be repaid by applying the general interest rate of overdue loans in the Si bank during the period from the day following the designated date to the day of repayment, and the said real estate shall be provided as security to the Defendant, etc. (hereinafter “the loan agreement in this case”).

As a result, the Plaintiff entered into a contract to establish the right to collateral security (hereinafter “instant right to collateral security”) with the Defendant, etc., the debtor and the mortgagee of the instant real estate as to the instant real estate on the same day, which sets forth the Plaintiff and the maximum debt amount of KRW 143 million. The Plaintiff completed the registration of the Seoul Western District Court on July 20, 200 and the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”).

C. The Plaintiff, within the period of concluding the contract for sale, sells a contract with the Defendant for expropriation, seizure, and collection.