beta
(영문) 서울북부지방법원 2015.10.15 2015가단104616

배당이의

Text

1. Of the distribution schedule prepared on February 10, 2015 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Northern District Court.

Reasons

1. The following facts may be acknowledged in full view of the purport of the whole pleadings in each statement of evidence Nos. 1 through 5, 9, and 10 through 13 as to facts acknowledged as Gap.

C, while borrowing money from our bank as a collateral, the creditor regarding the instant real estate as a collateral was established on December 17, 2008, with the maximum debt amount of KRW 342 million (debtor C), the maximum debt amount of KRW 84 million on February 3, 2009 (it changed to Taesan Trade Co., Ltd., Ltd., on January 28, 2010), and on June 28, 2012, with the right to collateral security, which is KRW 120 million (debtor D), was established on June 28, 2012, and thereafter the Plaintiff acquired each claim of KRW 84 million and KRW 120 million.

B. Meanwhile, on January 27, 2013, the Defendant leased the instant real estate in KRW 75 million with C (hereinafter “the instant lease”), and concluded a lease contract with the effect that the deposit is paid in full within January 2013 without down payment, and made a move-in report on June 28, 2013.

However, on January 15, 2014, the Defendant newly prepared a lease agreement causing KRW 58 million for the lease deposit for the instant real estate between C and C, stating that “this agreement is renewed by the lessor’s return of KRW 17 million out of the deposit amount of KRW 75 million,” and obtained a fixed date date on April 17, 2014.

C. With respect to the instant real estate on April 22, 2014, the creditor Korea Trade Insurance Corporation, the claim amount of 2,514,320,000 provisional seizure, April 28, 2014, the creditor Hyundai Social Co., Ltd., the claim amount of 11,103,06 provisional seizure, the creditor credit guarantee amount, the claim amount of 200 million won on April 29, 2014, the creditor credit guarantee fund, the claim amount of 200 million won on June 9, 2014, the creditor A Capital Co.,, Ltd., the claim amount of 16,951,60 provisional seizure, and the creditor’s card, claim amount of 58,103, 533 provisional seizure, and the provisional seizure on August 13, 2014, the creditor company on August 27, 2014.