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(영문) 의정부지방법원 2015.09.09 2014가단52599
배당이의
Text

1. The plaintiff's lawsuit against the defendant Eul-in Savings Bank shall be dismissed.

2. The plaintiff's defendant corporation.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet owned by C (hereinafter “the instant real estate”), the Defendant Korea Standards Bank completed the registration of the establishment of a neighboring mortgage on November 25, 2008, consisting of the maximum debt amount of 205,200,000, and the Defendant AD Savings Bank completed the registration of the establishment of a neighboring mortgage on December 17, 2009, consisting of the maximum debt amount of 31,200,000.

B. On July 3, 2012, Defendant Korea Standards Bank (hereinafter “instant auction procedure”) filed an application for voluntary auction on the instant real estate with the Government District Court B (hereinafter “instant auction procedure”) on July 3, 2012, and rendered a decision to commence voluntary auction on July 4, 2012.

C. On September 26, 2012, the Plaintiff filed an application for a report on rights and a demand for distribution on the ground that the Plaintiff is a small lessee who leased the instant real estate in the instant auction procedure with KRW 40 million.

On the date of distribution conducted on December 29, 2014, the auction court set up a distribution schedule with the content that distributes dividends of KRW 440,52,153 to the Namyang-si, the first 440,520, the second 205,200, which is the full amount of the claim within the scope of the maximum debt amount, to the defendant Korea Standards Bank, the second 205,200,000, and the third 952,153, which is the remainder of dividends to the defendant K Savings Bank.

E. On the date of distribution, the Plaintiff raised an objection against KRW 13,047,847 out of the dividend amount of Defendant Korea Standards Bank, Inc., Ltd., on the date of distribution, and filed a lawsuit of demurrer against distribution on December 31, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 9, 10, 11-1, 2, and 12, Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

2. We examine whether the plaintiff's lawsuit against the defendant Ap Savings Bank is legitimate or not, ex officio, as to whether the lawsuit against the defendant Ap Savings Bank is legitimate or not.

The plaintiff received a dividend of KRW 952,153 as a collateral security from the defendant Ap Savings Bank, but he/she takes precedence over others.

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