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(영문) 서울북부지방법원 2017.07.19 2016가단24809

배당이의

Text

1. The Plaintiffs of the distribution schedule prepared by this court on June 21, 2016 regarding the auction case of DD real estate in this court.

Reasons

1. Basic facts

A. E owns the Seongbuk-gu Seoul Metropolitan Government F land (the instant land from the following) and Class 2 neighborhood living facilities (the instant building refers to the instant building, and the land and buildings are the instant real estate) of the fourth floor of the reinforced concrete structure, the parallel roof of the ground, and the Seoul Dongdaemun-gu G Apartment No. 4dong 517 (H from the following).

E obtained a loan from a new bank, and concluded a mortgage contract on the instant building as follows, and provided the instant land and H as joint collateral.

The instant land ( October 28, 2009) on January 25, 201, 201, 420,000,00 of the maximum amount of debt on the date of receipt (date of receipt) No. 1 of the joint collateral list (date of receipt) and the instant land ( October 28, 2010) was renounced on December 10, 201, 201, when the land of this case ( October 22, 2010) was abandoned on January 25, 201 (H ( June 22, 2010) 3, 20,000,000 of the instant land ( May 11, 201). < Amended by Presidential Decree No. 233295, May 11, 2011; Presidential Decree No. 25817, Dec. 10, 2014>

B. The Plaintiffs concluded a lease agreement with E with respect to the instant building with the following contents, completed a move-in report and received a fixed date, and have been implicitly renewed on the expiration date.

The term of lease of the Plaintiff’s subject-matter 104 No. 104, Oct. 11, 201; the term of lease of deposit from February 10, 201 to February 50, 2013; 50,000 monthly rent from October 2, 2000 to October 17, 201; or the term of lease from February 17, 2012 to February 16, 2015; 60,000,000,000 to February 3, 2012; and C underground 2, 2012 to February 13, 2012, 201 to February 5, 200,000; and

On December 10, 2014, the new bank renounced the right to collateral security established with respect to H. On June 24, 2015, and applied for an auction on the instant real estate with respect to the Seoul Northern District Court DD on June 24, 2015. The Defendant acquired each right to collateral security (hereinafter “the right to collateral security”) and took over each right to collateral security (hereinafter “creditor”) on October 20, 2015. The Seoul Northern Northern District Court, on June 21, 2016, made a distribution schedule as follows: (a) on June 21, 2016, the amount of actual dividends out of KRW 1,518,80,000 out of the proceeds from distribution in the auction procedure, was determined as KRW 1,510,21,303.