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(영문) 의정부지방법원고양지원 2020.08.26 2019가단12858
배당이의
Text

1. It was drawn up by the above court on September 17, 2019 with respect to the auction case of real estate E in Gyeyang-gu District Court Goyang-do.

Reasons

1. Basic facts

A. On October 18, 2016, G Apartment H Co., Ltd. (hereinafter “I bank”) registered the creation of a collateral security right (hereinafter “instant apartment”) of KRW 234,00,000 with respect to the instant apartment as to the maximum debt amount of KRW 234,00,00 with respect to the G Apartment H (hereinafter “instant apartment”) owned by the F on October 18, 2016 in order to secure the right to loans under the credit transaction agreement with J Co., Ltd. (hereinafter “instant apartment”), and on the same day, the establishment of a collateral security right (hereinafter “instant collateral security right”) with respect to the instant apartment as to the instant apartment in order to secure the right to loans under the said F’s credit transaction agreement against J Co., Ltd. (hereinafter “the instant apartment”). In addition to the instant collateral security, the establishment of a collateral security right is completed.

B. On February 6, 2018, the International Bank, the mortgagee of the instant apartment, filed an application for the auction of real estate rent with the Jung-gu District Court Goyang Branch E, and the said court issued the order to commence the auction of real estate rent on the instant apartment on February 6, 2018.

(hereinafter “instant auction procedure”). C.

On February 22, 2018, the Defendant filed a report on the right to claim the return of the lease deposit and the demand for distribution with respect to the claim for the return of the lease deposit, by asserting that the instant apartment was leased by F from F during the auction procedure of this case by setting the period from October 15, 2017 to October 15, 2019.

On March 19, 2018, the Plaintiff acquired the claim against the obligor of each of the instant collective security rights, and completed the additional registration for the transfer of each of the instant collective security rights on March 21, 2018 on the ground of the transfer of confirmed claim. On March 21, 2018, the Plaintiff: (a) an additional registration for the pledge right to collective security rights to collective security rights to be created on March 21, 2018; (b) an additional registration for the claim amounting to 234,00,000,000 won on March 21, 2018; (c) an additional registration for the pledge right to collective security rights to be created on the ground of the obligor, the obligor, and the obligee; and (d) an additional registration for the pledge right to collective security rights to be created on May 31, 2019.

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