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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant, including the costs of supplementary participation.
Reasons
1. Basic facts
A. A, on May 29, 2014, filed a petition for bankruptcy with the Seoul Central District Court 2014Hadan5587, and was declared bankrupt on September 22, 2014, and the Plaintiff was appointed as the bankruptcy trustee.
B. On December 2, 2011, A acquired real estate and his/her leakage or G completed the registration of transfer of ownership on November 1, 201 with respect to each of the 1/2 shares out of the Gangdong-gu Seoul Metropolitan Government E-gi 298 square meters (hereinafter “instant land”) and the three-story stores and housing (hereinafter “instant building”; collectively, the instant land and buildings were collectively referred to as “each of the instant real estate”).
(hereinafter referred to as “each of the instant shares”) A’s 1/2 shares out of each of the instant real estates C.
On January 17, 2013, A established a right to collateral security with the Defendant and each of the instant shares, concluded a right to collateral security agreement with the Defendant as the Defendant, with each of the maximum debt amounts of KRW 90,00,000,000,000,000 for each of the instant shares, and the Seoul Eastern District Court (Seoul East District Court) concluded a right to collateral security agreement with the Defendant as the Seoul Dong District Court No. 1931, Jan. 17, 2013, and completed
On June 12, 2013, the Defendant filed a voluntary auction of each of the instant shares with Seoul Eastern District Court D, and rendered a voluntary auction decision on June 12, 2013. The Industrial Bank of Korea, a senior mortgagee, also applied for a voluntary auction of each of the instant real estate to F, and the decision on voluntary auction was made on August 26, 2013, and the double auction was conducted.
(hereinafter “instant auction procedure”). (e)
The auction court of the distribution schedule shall take the first, among the amounts to be actually distributed on the date of distribution implemented on March 27, 2015, the first, 1,511,656,545 won, which shall be 5,844,150 won, and 466,800,000 won, and 3rd, which shall be the mortgagee, the mortgagee of Gangdong-gu Seoul Metropolitan Government, the second, who is the right to seize each of the instant shares.