logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.25 2017가합553906
배당이의
Text

1. The Seoul Central District Court prepared on August 1, 2017 with respect to the application for a voluntary auction of real estate by J. Seoul Central District Court.

Reasons

1. Basic facts

A. On November 24, 2015, Defendant I issued two promissory notes with face value of KRW 50,000,000 and KRW 1,225,000,000, respectively, to the Plaintiff. In order to secure each of the above promissory notes debt, Defendant I created each of the maximum debt amount of KRW 50,00,000 and KRW 1,225,000 as well as KRW 363 square meters as well as the second floor (multi-family house) above as to the building owned by Defendant I (hereinafter “instant real estate”) with the Seoul Central District Court’s receipt of KRW 338862 as to the maximum debt amount of KRW 50,00,00 as well as KRW 33863 as to the secured debt amount of KRW 1,225,00,000 as well as KRW 9, respectively.

(hereinafter the above right to collateral security is the first priority right, and the second right to collateral security is the first right to collateral security.

On July 20, 2016, the Plaintiff filed an application for voluntary auction on the instant real estate with the Seoul Central District Court J, and stated “50,000,000 won” as the claim amount in the application form for the auction, and stated only the senior collateral security in the cause of the application.

C. On September 26, 2016, the Plaintiff submitted a claim statement stating that “the debtor issued a promissory note of KRW 1,275,000,000 on November 24, 2015” at the auction court (hereinafter “the claim statement of this case”), and that KRW 1,275,00,000 as the amount of the claim (hereinafter “the claim statement of this case”). However, the claim statement of this case did not mention any matters regarding subordinate collateral security.

After that, on August 1, 2017, the auction court shall distribute the amount of KRW 1,895,753,369 to the Plaintiff, a senior mortgagee, as the amount of actual distribution on the date of distribution, in the order of KRW 50,00,00,000, which is the claim amount stated in the application for auction, to the Plaintiff, a senior mortgagee, as the distribution order. The court below the distribution schedule as stated in the attached Table stating that the distribution of subordinated collateral is excluded.

was drawn up.

E. The plaintiff is present on the date of distribution, and the amount of distribution No. 6 out of the dividend amount of defendant D, the amount of distribution No. 11 and No. 13 out of the dividend amount of defendant D, Seocho-gu Seoul Metropolitan Government, and all the remaining defendants' dividends.

arrow