logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.15 2018가합1884
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:

On April 17, 2015, the Plaintiff entered into a mortgage agreement with the Defendant on the following day: (a) with respect to neighborhood living facilities and housing (hereinafter “instant real estate”) with HW-235 square meters in Seoul Special Metropolitan City, Gwanak-gu, and its ground reinforced concrete structure roof, the maximum debt amount of KRW 750,000,000,000, the debtor, and the mortgagee; and (b) concluded a mortgage agreement with the Defendant as the Defendant on the 23th of the same month: (c) registered the establishment

(hereinafter “The instant mortgage” or “the instant mortgage establishment registration”). B.

On December 13, 2016, upon request by the J of the Plaintiff’s creditor I (Lessee), this Court C, upon request by the same creditor K, on February 14, 2014, upon request by the same creditor D, on February 1, 2017, upon request by the same creditor E, on February 1, 2017, and on request by the same creditor M.

4.5. The instant real estate was sold to Nonparty N et al. on January 12, 2018.

C. On the date of distribution opened on March 16, 2018, the above execution court distributed each of the dividends to Nonparty 1,573,572,754 won to Nonparty 1, P, L, etc. to 16th order, among the first to the 17th order of priority lessee, and the final lessee, etc., and distributed each of the said dividends of KRW 750 million to the Defendant, who is the mortgagee, the mortgagee, the right to deliver, the pertinent amount of KRW 457,601, the pertinent amount of KRW 2858,379, respectively, and written a distribution schedule with the content of distributing each of the remaining amounts to the final lessee, the creditor, and the right to seize the provisional seizure.

On March 23, 2018, the Plaintiff filed the instant lawsuit on March 23, 2018, as the owner of real estate and the debtor, who was dissatisfied with the distribution to the Defendant.

2. The plaintiff alleged by the plaintiff and the defendant in this case.

arrow