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(영문) 서울북부지방법원 2020.07.03 2019가단17864
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor and the remainder.

Reasons

1. Facts of recognition;

A. On April 28, 2011, the Plaintiff entered into a loan transaction agreement with the J Union (hereinafter “J Union”) under which KRW 400 million from the J Union will be granted a loan on April 29, 2016 on repayment date.

B. On April 19, 2012, the Plaintiff entered into a contract on additional collateral creation with respect to each partitioned building of Dobong-gu Seoul Metropolitan Government (hereinafter “instant condominium building”) which is its own ownership, to set up a collateral security right of KRW 520,000,00 with respect to each partitioned building of Dobong-gu Seoul Metropolitan Government (hereinafter “instant condominium building”), and on the same day, the Plaintiff completed the establishment registration of a collateral security right to each partitioned building.

(hereinafter “instant collateral security”). C.

J Union applied for a voluntary auction to Seoul Northern District Court E with respect to some sections of the instant condominiums, and received a decision on commencement of auction on September 22, 2016, and L and M were overlapping with the above auction commenced on January 25, 2016 with Seoul Northern District Court D on January 25, 2016.

Since then, other creditors filed an additional application for auction, and each decision to commence auction was rendered by the Seoul Northern District Court F, G, H, and I, and overlap with the above D.

J Union filed an application for the above auction with the amount of interest at the rate of 20% per annum from September 2, 2016 to the date of full payment, which is the amount of interest at the rate of 7,161,179 won in total, and interest at the rate of 127,161,179 won in total, and interest at the rate of 20% per annum from September 2, 2016 to the date of full payment.

On January 20, 2017, when the above auction procedure was in progress, the J Union transferred the Defendant a loan to the Plaintiff of the J Union, and completed the supplementary registration of the transfer of the right to collateral in this case on the same day.

On February 6, 2017, the Defendant concluded a pledge agreement on the instant right to collateral security with N, and completed additional registration of the pledge on the claim amounting to 70,000,000 on February 16, 2017.

E. The date of distribution of the above auction procedure is the date of distribution.

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