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(영문) 의정부지방법원고양지원 2014.11.27 2014가합1232

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff leased each of the instant real property listed in the separate sheet from Nonparty E (hereinafter “each of the instant real property”) from July 29, 2008 to July 29, 2010. After the termination of the said lease, E did not refund the lease deposit. As such, the Plaintiff completed the registration of the establishment of a neighboring mortgage on January 2, 2012, with a maximum amount of debt KRW 168 million as to each of the instant real property, in order to secure the right to refund the lease deposit.

On the other hand, on August 17, 2010, the Defendant created the right to collateral security (hereinafter “instant right to collateral security”) of the obligor and the maximum debt amount of KRW 280 million with respect to each of the instant real property.

The seizure authority 7,094,030 7,094,094,030 2 young children 1,022,590,012 1,022,590,012 1,022,590,080 475,080,080 475,080 475,810,810, 132 principal interest of 25,810,132 principal interest of 250,00,000 won 125,810,132 won 215,035,5550

B. Following the commencement of the procedure for the voluntary auction of real estate (hereinafter “instant voluntary auction procedure”) with respect to each of the instant real estate by this Court C and D, and on February 7, 2014, the following distribution schedule (hereinafter “instant distribution schedule”) was prepared as to KRW 1,245,194,672 of the amount to be actually distributed on the date of distribution of the instant voluntary auction procedure.

C. On February 7, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 168,00,000 out of the dividend amount against the Defendant. The Plaintiff filed the instant lawsuit on February 13, 2014, which was within one week thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. In light of the point of time when the right to collateral security was established in the name of the Defendant, the details of payment such as interest, etc., the preparation of the loan certificate, and the fact that E is in a subordinate relationship with the Defendant, the Plaintiff shall take precedence over the Plaintiff.