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(영문) 서울중앙지방법원 2014.03.13 2013가합518288

배당이의

Text

1. The part of the instant lawsuit of demurrer against distribution shall be dismissed.

2. The plaintiff's defendant B apartment remodeling association

Reasons

1. Basic facts

A. D completed the registration of ownership transfer on March 21, 1994 with respect to the instant apartment No. 801 (hereinafter “instant apartment”) on the ground B apartment (hereinafter “F apartment”) outside Gangnam-gu Seoul, and two parcels (hereinafter “instant apartment”). On June 1, 2008, D concluded a trust contract with Defendant B apartment remodeling association (hereinafter “Defendant association”) and completed the registration of ownership transfer with respect to the instant apartment on July 14, 2008.

B. On June 22, 2012, the registration titleholder of the instant apartment had commenced the auction procedure for the real estate auction (Seoul Central District Court G; hereinafter “instant auction procedure”) with respect to the instant apartment on June 22, 2012 upon the application for auction by the bank, which is a senior mortgagee of the instant apartment under the status of the Defendant association.

C. Meanwhile, on May 25, 2012, the Plaintiff filed an application with D for a payment order claiming the amount of KRW 6,695,935,725 of the guaranteed debt and damages for delay against D on the ground that D jointly and severally guaranteed the obligation to pay the goods to the Plaintiff of Jindong Industries Co., Ltd., and the judgment became final and conclusive between D and D around that time, on February 21, 2013, “D shall pay the amount at the rate of KRW 6,695,935,725 and the amount at the rate of KRW 20% per annum from June 26, 2012 to the date of full payment.”

On April 10, 2013, the Plaintiff received a seizure collection order (Seoul Central District Court 2013TTT 11207; hereinafter “instant seizure collection order”) against D’s dividend refund claim regarding dividends that the Defendant Union would receive in the instant auction procedure based on the foregoing security deposit claim, and the said seizure collection order was served on the Defendant Union on April 17, 2013.

E. The instant case.