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(영문) 서울중앙지방법원 2017.01.10 2015가단5397346

배당이의

Text

1. Contract to establish a right to lease on a deposit basis, which was concluded on September 20, 2013 between the Defendant and B on the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. As to the real estate listed on the separate list owned on March 23, 2011 (hereinafter “instant real estate”), the Industrial Bank of Korea for the registration of collateral security and provisional seizure completed the registration of creation of a mortgage over the following real estate (i) the debtor B, the maximum debt amount of 288,00,000,000 won, ② the debtor F, the maximum debt amount of 180,000,000 won, ③ the debtor G Co., Ltd. (H) and the maximum debt amount of 240,000,000 won.

On January 20, 2015, the Industrial Bank of Korea completed the provisional attachment registration of KRW 113,400,000 as claimed amount with respect to the instant real estate.

B. The Defendant entered into a contract to establish a right to lease on a deposit basis and entered into a contract to receive KRW 300 million deposit from B, his father, on September 20, 2013, and completed the registration of the right to lease on a deposit basis with KRW 300 million on December 16, 2013.

(hereinafter “Contract of Chonsegwon”) and “Registration of Establishment of Chonsegwon of this case”

C. Voluntary auction was commenced on April 29, 2015 upon the application of the Industrial Bank of Korea for voluntary auction and assignment of claims.

[D. The plaintiff participated in the auction as the transferee of the above bank upon the transfer of each of the above collateral security rights, the secured debt and the provisional seizure claims from the Industrial Bank of Korea. D. The preparation of the distribution schedule and the auction court of this case on December 23, 2015, the plaintiff as the mortgagee on the distribution date of the above collateral security (100%) the total amount of 286,30,868 won (100%) on the distribution date of the above collateral security (17,154,617 won on the credit amount of 168,157,966 won (94.92%) on the distribution date of the collateral security (17,168,154,617 won on the collateral security (94.92%) and (3) the amount of credit amount of 320,035,442 won on the collateral security (100%) the total amount of 240,000,4584 won (100%) on the amount of credit amount to the defendant.

was drawn up.

The plaintiff was present on the date of the above distribution and raised an objection to the full amount of the distribution to the defendant.