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(영문) 의정부지방법원 2014.09.25 2014나1509

배당이의

Text

1. Revocation of a judgment of the first instance;

2. As to the real estate stated in the separate sheet between the Defendant and C, November 13, 2012.

Reasons

1. Basic facts

A. On April 26, 2012, C established the right to collateral security, which is a maximum debt amount of KRW 122,350,000,000 with respect to the instant apartment, as well as a debtor C and a mortgagee-mortgaged mutual savings bank (hereinafter “Nondo Mutual Savings Bank”), among the owners of the real estate indicated in the attached list (hereinafter “instant apartment”).

B. On September 11, 2012, with respect to the instant apartment, each of the provisional attachment registration of KRW 34,965,731 (hereinafter “registration of each of the instant provisional attachment”) was completed on October 17, 2012, with respect to the creditor-based creditor-based credit card Co., Ltd., Ltd., the claimed amount of KRW 9,091,727, the Korean Federation of Credit Guarantee Foundations, the claims amount of KRW 16,520,260, and the claims amount of KRW 34,965,731 on November 27, 2012.

C. On November 13, 2012, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with C, setting the lease deposit amount of KRW 26 million from November 27, 2012 to November 26, 2014.

On January 10, 2013, upon the application of the Native Mutual Savings Bank, a voluntary decision to commence the auction of the instant apartment on January 10, 2013 was rendered to the District Court D, and the Plaintiff, on June 28, 2013, when the auction procedure (hereinafter “instant auction procedure”) was in progress, transferred by transfer the claims secured by the said right of collateral security from the Native Mutual Savings Bank through the aforesaid mortgage-backed loan from Native Mutual Savings Bank (hereinafter “instant auction procedure”). On July 1, 2013, the Plaintiff completed the registration of the transfer of collateral security on the instant apartment on the ground of the transfer of final claim.

E. On August 27, 2013, the date of distribution of the instant auction procedure, the instant court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 22 million to the Defendant, who is the lessee of small amount of money, in the first order, and the Plaintiff, the applicant creditor and the mortgagee, in the fourth order, who is the right to collateral security (the amount of claim KRW 109,874,477), and E, an agent of the Plaintiff, was present on the date of distribution and the dividends to the Defendant.