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(영문) 서울북부지방법원 2016.11.10 2015가단129271
배당이의
Text

1. Of the distribution schedule prepared on July 23, 2015 by the above court with respect to the Seoul Northern District Court C real estate auction case.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 3, 5, 6, Eul evidence Nos. 4 and 7, and witness D's testimony and the purport of the whole pleadings.

The Defendant leased (hereinafter “instant lease”) KRW 90 million between D and D on May 25, 2010 (interest rate of KRW 36% per annum or interest rate of KRW 36% from August 25, 2010) and completed the registration of establishment of a collateral security right (hereinafter “instant lease”) with respect to each of the maximum debt amounts of KRW 12,41,240,000 (hereinafter “instant collective security right”) with respect to the instant loan claims, owned by D on May 26, 2010 as joint collateral for the aforementioned loan claims, from among the 3 multi-unit houses of Seongbuk-gu, Seoul E102-dong reinforced concrete structure and 10,000,000,000,000 won (hereinafter “instant real property”).

B. In addition, the Defendant received KRW 15 million from D as the repayment of the instant loan, around May 2012, and KRW 9 million around June 2013, respectively, and received KRW 140 million by receiving the instant equity transfer on December 15, 2014.

C. Meanwhile, the Plaintiff failed to refund KRW 90,000,000,000 of the lease deposit after renting 501 from D, and completed the registration of the establishment of the mortgage on the instant real estate as security on July 25, 2012, near the maximum debt amount of KRW 100,00.

After that, on October 15, 2014, the Defendant rendered a decision to commence the instant auction procedure on the same date as the instant application for auction was defective. On July 23, 2015, the Defendant distributed KRW 73,527,873, the amount to be distributed at the above auction procedure (i.e., KRW 2,307,80,00,000, which was the sales price of KRW 7350,000,000, which was calculated by deducting KRW 2,307,80,000, from KRW 71,220,073, the amount of KRW 133,910, and KRW 71,086,163 to the Defendant, who is the second mortgagee, the holder of the relevant first priority right.

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