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(영문) 의정부지방법원고양지원 2015.01.16 2014가단19144
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The non-party Korean bank (hereinafter “non-party bank”) is drafted, etc. of the distribution schedule.

) The non-party C (hereinafter “instant apartment”) Nos. 108 and 502 (hereinafter “instant apartment”).

(2) As to the registration of establishment of a mortgage (hereinafter “instant collateral security”) with respect to the establishment of a mortgage (hereinafter “instant maximum debt”) consisting of KRW 366,00,000,000, the maximum debt amount as the grounds for registration, which was received on November 12, 2012, No. 147534, Nov. 12, 2012; and the maximum debt amount as KRW 366,00,000.

(2) On September 11, 2013, the non-party bank filed an application for voluntary auction of the instant apartment on the ground of the instant mortgage, and on September 11, 2013, the non-party bank rendered a voluntary decision to commence voluntary auction (hereinafter the above voluntary decision to commence auction was referred to as the “instant auction procedure”).

3) The Defendant is a specialized securitization company under the Asset-Backed Securitization Act. Since the commencement of the instant auction procedure, the Defendant acquired the claim secured by the instant collateral security from the bank after the commencement of the instant auction procedure. (4) On May 29, 2014, for the instant auction procedure, KRW 320,241,318 out of the amount of KRW 321,023,478 to be actually distributed to the Defendant, a creditor under the instant collateral security, who is a creditor under the instant collateral security, distributed the amount of KRW 320,241,318 out of the amount of KRW 321,023,478 to be actually distributed, and the Plaintiff, who claimed as a lessee of the instant apartment, claimed as a demand for distribution, prepared a

5) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 22,00,00 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on June 2, 2014. (b) On April 12, 2013, the Plaintiff filed a lawsuit of demurrer against the distribution on the instant apartment with Nonparty C, the lease deposit amount of KRW 30,00,000, monthly rent of KRW 800,000, and the lease term of KRW 800,000 from May 3, 2013 to May 2, 2015.

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