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(영문) 서울중앙지방법원 2016.09.27 2016가단41188
배당이의
Text

1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On February 7, 2014, Korea Bank filed an application for the auction of real estate rent C with the Changwon District Court (hereinafter “instant auction of real estate”), as a first-class mortgagee, on February 1, 2014, and received a voluntary decision on commencement of auction on February 10, 2014. On June 24, 2014, Korea Bank reported the change of creditor as the transferee of the claim of Korea Bank to the auction court on June 24, 2014 during the said auction procedure.

After that, the Defendant and the OSB Savings Bank received a pledge from a limited liability company specializing in the redemption of the instant real estate in the auction of the instant real estate in the instant case, and a limited liability company specializing in the redemption of the right of redemption and the execution cost claim, and the said pledge was notified to the above auction court on December 7, 2015.

B. On the other hand, the designated parties (Plaintiff) and the designated parties D applied for a payment order against the Daegu District Court Kimcheon-gun, 2015Hu519, which is specialized in the redemption order for the return of investment funds, and on November 11, 2015, the said court received a payment order stating that “A shall jointly and severally pay D the amount of KRW 332,49,000, KRW 135,51,000, and KRW 135,500, and KRW 15% per annum from the date of delivery of the payment order to the date of repayment,” and the said payment order was served to the trust specialized in the redemption order on November 17, 2015, which became final and conclusive on December 2, 2015.

Afterwards, the designated parties (Plaintiffs) and the appointed parties D, based on the original copy of the above payment order on December 8, 2015, with respect to the instant real estate auction case and the Chuncheon District Court E-property auction case, and the Seoul Eastern District Court's F real estate auction case, with respect to the claim for dividends and expenses to be paid to each limited liability company specializing in the bond-backed securitization, the Seoul Central District Court 2015TTT 27595 claims.

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