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(영문) 서울북부지방법원 2017.01.13 2015가단40507

배당이의

Text

1. As to Defendant D and Defendant (Counterclaim Plaintiff) of New Daily Co., Ltd. (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 7, 2014, Plaintiff A and B completed the registration of provisional seizure of KRW 24,450,000 as claimed on the instant real estate owned by F by the Seoul Northern District Court, Dongdaemun-gu Branch of the Seoul Northern District Court, which was received on March 7, 2014, and on September 2, 2015, Plaintiff New Daily entered into a claim transfer agreement with Nonparty G, the provisional attachment obligee, who was the provisional attachment obligee on September 2, 2013, to receive KRW 130,000,000,000 to F, and on the same day, G sent the same notice of transfer to F with content certification.

B. As to the instant real estate, Defendant D completed the registration of creation of a neighboring mortgage on July 2, 2013, which was received on July 2, 2013 by the Seoul Northern District Court, Dongdaemun-gu District Court, Seoul Northern District Court, 16951, and Defendant C completed the registration of establishment of a neighboring mortgage on November 1, 2013, which was received on November 1, 2013 with the maximum debt amount of KRW 400 million.

(hereinafter referred to as "each of the instant collective security interests") c. by referring to the registration of establishment of the two adjacent mortgages.

On November 3, 2014, upon the application of the bank of Korea, the decision to commence the auction procedure was made to the Seoul Northern District Court E with respect to the instant real estate, and the auction court prepared the following distribution schedule on September 17, 2015.

The dividends distribution ratio of the creditors with dividends 1,00 won 531,120 won 100% 2 cases of the Seongbuk-gu Seoul Metropolitan Government issuing authority (relevant tax) 1,441,60,000 won 100% of the creditors who apply for a limited liability company (mortgaged mortgage) specialized in mortgage securitization 3, Defendant D mortgagee 130,000 won 130,000 won 4,00 won 69,539 won 86.38% of the Seongbuk-gu Seoul Metropolitan Government issuing authority (relevant tax) 4, 539,00 won 86.38% of the Seongbuk-gu Seoul Metropolitan Government issuing authority (non-tax) 39,539 won 4 Defendant Cmortgage-mortgage 56,080,904 won 37.39% of the amount of dividends 4

D. The Plaintiffs appeared on the aforementioned date of distribution and stated an objection against the dividend amount of the Defendants, and filed the instant lawsuit on September 24, 2015.

[Grounds for recognition] Unsatisfy, A No. 1.