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(영문) 서울북부지방법원 2017.12.12 2017가단12292

배당이의

Text

1. The defendant among the distribution schedule prepared on May 26, 2017 by the above court in the Seoul Northern District Court A real estate auction case.

Reasons

1. Facts of recognition;

A. B around December 2, 2003, completed the registration of ownership transfer with respect to the Seongbuk-gu C Apartment 102 Dong 1901 (hereinafter “instant apartment”).

B. Around December 2, 2003, B obtained a loan of KRW 60,00,000 from the Plaintiff as the “collective base theory,” and concluded a mortgage contract with respect to the Plaintiff and the instant apartment complex limited the scope of the maximum debt amount to KRW 72,00,000,000, and the scope of the secured debt to the “B is currently and future due to a collective base loan transaction against the Plaintiff,” and on the same day, the Plaintiff completed the registration of the establishment of a mortgage with the Seoul Northern Northern District Court Decision 72,00,000, the maximum debt amount of KRW 72,000,000,000 to the Plaintiff as the receipt of the Seodaemun

(hereinafter “instant primary collateral security”). C.

On May 23, 2011, B took out a loan of KRW 20,000,00 from the Plaintiff with the “Sst home loan,” and concluded a mortgage agreement that limits the scope of the secured obligation to the Plaintiff and the instant apartment to the “all obligations currently and future due to the transaction with the Plaintiff,” and concluded a mortgage agreement that limits the scope of the secured obligation to the “B to the Plaintiff,” and around May 24, 201, the Plaintiff completed the registration of establishment of a mortgage of KRW 18,00,000 to the Seoul Northern District Court’s receipt of the Seoul Northern District Court Registry as the Head of Seoul Northern District Court No. 27066, May 24, 2011.

(hereinafter “instant secondary collateral security”). D.

B In default of the loan, the Plaintiff filed an application for the auction of real estate rent with the Seoul Northern District Court for the instant apartment based on each of the above collateral security rights. In the above auction procedure, the Plaintiff submitted a claim statement of KRW 81,613,513,513 in total, including the principal and interest of collective mortgage loan and the principal and interest of KRW 58,110,202, and the interest and interest of the Pst home loan.

E. However, on May 24, 2017, the executing court prepared a distribution schedule with the content of each distribution as indicated below, which was the date of distribution.

(hereinafter referred to as “instant distribution schedule”). The Plaintiff is the Defendant of Seongbuk-gu.