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(영문) 서울중앙지방법원 2017.07.06 2016가단5262508
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 4, 2014, the Incheon Central District Court rendered a voluntary decision to commence auction (the applicant creditor: the national bank of the mortgagee, the debtor and the owner: F) with respect to the size of 449.3 square meters in Jung-gu Incheon Central District Court E.

B. Among the particulars of registration completed with respect to the above real estate, the parts relating to this case are as follows:

On November 8, 2010, 2010, the date of receipt of the object of registration (receiving number): The maximum debt amount: 780,000,000 won: The mortgagee of the right to collateral security (No. 7998) prior to the mortgage of the National Bank of Korea (No. 7998) February 26, 2015: The mortgagee of the right to collateral security on February 26, 2015 (No. 7999) prior to the right to collateral security (No. 799) prior to the right to collateral security (No. 799) prior to the right to collateral security (hereinafter referred to as “right to collateral security”): The transferee of the right to collateral security on February 26, 2015 (No. 130,000,000 won): The right to collateral security on February 26, 2015 (hereinafter referred to as “right to collateral security”).

C. On March 4, 2015, the Plaintiff sent a content-certified mail notifying F of the pledge to F, but the said mail was not sent to F and returned.

On June 22, 2015, the Seoul Central District Court 2015Kadan80595, Defendant A received a provisional seizure order against the debtor, which is the dividend claim on the date of the said voluntary auction, and the provisional seizure order reaches the Republic of Korea, which is the third debtor on the same day. Defendant A received a provisional seizure order against the above provisional seizure under the Seoul Central District Court 2015Kadan80595, and the above provisional seizure order reaches the Republic of Korea, which is the third debtor on the same day. On January 4, 2016, Defendant A received a decision on the seizure and collection order to transfer the above provisional seizure to the Republic of Korea under the above court 2015Kadan106867, and the above decision on the seizure and collection order reaches the Republic of Korea, which is the debtor on January 7, 2016

E. On June 19, 2015, Defendant B received a decision of provisional seizure of the claim that the debtor is entitled to the payment on the date of the said voluntary auction under the Daejeon District Court Decision 2015Kadan2817, which is the claim amounting to KRW 27,260,443, and the claim amounting to the claim on the date of the said voluntary auction.

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