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(영문) 서울동부지방법원 2018.07.05 2017가합109319
배당이의
Text

1. The Seoul Eastern District Court C, D, and E (Dual) drafted on September 6, 2017 by the same court with respect to the auction of real estate.

Reasons

1. Basic facts

A. In order to secure the claim for loans to G, the F Cooperatives (hereinafter “F Cooperatives”) completed the registration of the establishment of a neighboring condominium on September 27, 201 with respect to H, I, and J land owned by G (hereinafter “instant land”). On April 2, 2015, the F Cooperatives completed the registration of the establishment of a neighboring condominium building on the land owned by G, Gangdong-gu Seoul (hereinafter “instant land”). On April 2, 2015, it completed the registration of the establishment of a neighboring condominium on the 15th floor above the instant land owned by the same (hereinafter “instant building”). In addition, the instant land and building were collectively referred to as “instant real estate

(b) The maximum amount of claims 4.9 billion won, hereinafter referred to as the “instant collateral security”). (b)

G The non-party cooperative filed an application for an auction for the exercise of security rights on the instant real estate and received a voluntary decision on the commencement of auction on March 27, 2015 (Seoul Eastern District Court C, D, and E; hereinafter “instant auction procedure”). Accordingly, on March 31, 2015, the decision on the voluntary commencement of auction was completed.

C. On August 17, 2015, the non-party cooperative transferred the instant right to collateral security to K Company, and K Company transferred the said right to the Plaintiff on December 28, 2015.

Accordingly, on December 28, 2015, the Plaintiff completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of the right to collateral security on the ground of the transfer of the right to collateral security. On January 29, 2016, the Plaintiff established a pledge on the instant right to collateral security on L Co., Ltd.

Meanwhile, the Defendant concluded a sales contract with G on March 31, 2016 during the instant auction procedure, and completed the registration of ownership transfer on September 12, 2016 only for the instant building on September 6, 2016.

E. At the instant auction procedure around August 2017, the Plaintiff reported the claim amounting to KRW 5,254,282,227, including KRW 3.8 billion, interest 1,385,856,87, enforcement expenses, and KRW 68,425,350, etc.

F. On September 6, 2017, the executing court shall be actual on the date of distribution.

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