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(영문) 서울동부지방법원 2014.02.11 2013가단37730
배당이의
Text

1. Of the distribution schedule prepared on July 5, 2013 by the above court with respect to the case of compulsory auction of real estate D by Seoul Eastern District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim of KRW 800,908,493 against E.

B. Regarding Nos. 101, 102, and 201 of the first floor in Gwangjin-gu, Seoul Special Metropolitan City(hereinafter the above three partitioned buildings) owned by E, the right to collateral security was successively established in the name of the Defendants as follows.

A No. 24667, Apr. 27, 2011, the receipt number of the maximum amount of debt on the date of establishment and registration of the contract to be concluded by the Defendant, No. 24548 B, No. 24548, Apr. 26, 2011, KRW 24549, KRW 38 million, April 27, 2011, KRW 24549, KRW 160,000,000,000 on April 27, 2011

C. On September 29, 201, the Plaintiff filed a compulsory auction for each of the instant real estate with D and the decision to commence a compulsory auction was issued on September 29, 201. On July 5, 2013, the execution court: (a) deemed that the Defendants had a claim against E with respect to each of the Defendants’ respective maximum debt amount under the name of the Defendants on the date of distribution; (b) prepared a distribution schedule as indicated in the attached Table; and (c) the Plaintiff present on the date of distribution raised an objection against the Defendants as to the entire amount

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-2, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The gist of the parties’ assertion asserts that since there is no secured debt of each of the Defendants’ respective secured claims established in each of the instant real estates, all of the Defendants’ dividends to the Defendants is KRW 0, and the distribution schedule should be revised by allocating the amount to the Plaintiff.

In this regard, Defendant A and B set up a collateral in the name of the Defendants with respect to each of the instant real estate in order to secure the right to return the lease deposit (the amount of KRW 37 million, KRW 38 million, KRW 38 million) against E, and Defendant C set up a collateral with respect to each of the instant real estate in order to secure the loan claim amounting to KRW 122,50,000,000 for KRW 12,250,000.

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