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(영문) 서울남부지방법원 2019.05.17 2018가단10825

배당이의

Text

1. The distribution schedule prepared on May 17, 2018 by the above court with respect to voluntary auction cases of real estate E by the Seoul Southern District Court.

Reasons

1. Basic facts

A. The debtor A’s declaration of bankruptcy and the appointment of the trustee in bankruptcy in the Gangseo-gu Seoul Metropolitan Government Company A discontinued “G” in the Gangseo-gu Seoul Metropolitan Government F, closed on March 10, 2017, and subsequently, on July 12, 2017, the Seoul Rehabilitation Court rendered a bankruptcy and application for immunity as the Seoul Rehabilitation Court No. 2017Hadan3731, 2017, 3731.

On January 4, 2018, the above court declared bankruptcy against A, and appointed the plaintiff as a trustee in bankruptcy on the same day.

B. The establishment of the instant right to collateral security and commencement of the discretionary auction procedure 1) the real estate listed in the separate sheet owned by A (hereinafter, the instant real estate)

As of August 10, 2015, the registration of the establishment of a neighboring maximum debt amount of KRW 161,700,000 was completed in the future of H, and as of April 5, 2016, the registration of the establishment of a neighboring mortgage amount of KRW 30,000,000 was completed in the future of I Co., Ltd. (hereinafter referred to as the “B”), and as of April 5, 2016. (ii) The J, which supplied food materials to the above restaurant, was drafted from March 9, 207 to the outstanding debt amount of KRW 22,00,000,000, as its representative, in order to secure the security of the outstanding debt amount.

At the same time, a certificate of loan is drawn up and entered into a mortgage contract with a maximum debt amount of KRW 33,00,000 (hereinafter “mortgage contract of this case”) regarding the real estate of this case, and on the same day before J as of the same day.

(3) On July 24, 2017, the decision on commencing auction of the instant real estate was completed. 3) On July 24, 2017, the auction procedure was initiated to E in this court due to the decision on commencing auction of H, Co., Ltd.

C. The transfer of the instant right to collateral security and the Plaintiff’s filing of a lawsuit of demurrer against the distribution 1) During the above auction procedure, the Defendant Company received on January 4, 2018 from J to transfer the said claim against J in KRW 10,000,00 (the said claim was transferred to J on that day).

The 11. The same day as the supplementary registration of the transfer of the right to collateral security of this case was completed due to the transfer of the confirmed claim.