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(영문) 서울중앙지방법원 2017.06.20 2016가합549061
배당이의
Text

1. Of the dividend table prepared by the above court on August 16, 2016 with respect to the case of the voluntary auction of real estate B by the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a general creditor holding a claim for the payment of construction price against C as seen below. The Defendant is Jongno-gu Seoul Metropolitan Government D. 483.9 square meters and E large 61.6 square meters (hereinafter referred to as “instant land”).

2) On March 19, 2014, the Plaintiff purchased the instant land on March 19, 2014, and on July 28, 2015, after completing the registration of ownership transfer on April 23, 2014, and the Plaintiff newly constructed neighborhood living facilities and multi-household houses at KRW 1,909,000,000 on the instant land (hereinafter “the instant construction contract”).

(3) On July 26, 2016, Seoul Central District Court 201Kadan1211, the Plaintiff concluded a provisional seizure order against the instant land of KRW 306,707,00, out of the surplus funds to be received by C in the auction procedure as seen below, as seen below, in accordance with the instant construction contract, the Plaintiff continued to perform the ground construction and structural construction work equivalent to the sum of KRW 420,152,443, in accordance with the instant construction contract.

B. The loan agreement between H and F and the loan agreement for consumption and the creation of a collective security right to collateral security of C) H are KRW 300,000,000 from F on March 26, 2015 for three months from March 26, 2015 to 2.5% (hereinafter “the first loan agreement in this case at the time of borrowing at 30% per annum”) of interest, and the loan under the above loan agreement is the first loan agreement in this case.

D. F jointly with C is the first Promissory Notes of this case, the par value of which is 450,000,000,000.

B. A notarial deed was drawn up and issued to the effect that compulsory execution based on the said Promissory Notes was recognized, and C, on the same day, set up the instant land, etc. as the maximum debt amount of KRW 450,000,000, and the debtor H and the mortgagee F, as the first collateral mortgage of this case.

The establishment registration has been completed.

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