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(영문) 서울남부지방법원 2015.02.05 2013가합4495
배당이의
Text

1. Of the distribution schedule prepared on March 5, 2013 by the above court regarding D's auction of real estate in Seoul Southern District Court D's Seoul Southern District Court.

Reasons

1. Basic facts

A. As to the instant real estate (hereinafter “instant real estate”), the registration of provisional attachment was completed on the ground of the following: (i) the Seoul Southern District Court’s Yeongdeungpo-gu District Court’s receipt of May 11, 2010 as the creditor G, H, and claim amount of KRW 483,50,000 on the ground of the provisional attachment registration of KRW 1931 on the ground of “F apartment Nos. 101, 101 (hereinafter “instant real estate”); and (ii) the debtor, E, the mortgagee, the Defendant, the maximum debt amount of KRW 770,00,000,000 on the ground of the provisional attachment registration of KRW 483,50,00 on the ground of the provisional attachment registration of the Seoul Southern District Court’s Young-gu District Court’s receipt of the claim; and (iii) the Plaintiff’s receipt of the provisional attachment registration of KRW 30,140,000 on November 14, 2011 (hereinafter “Plaintiff”).

④ In addition, on February 15, 2012, at the same registry office received on February 15, 2012, the registration of the transfer of the right to collateral security (hereinafter “the registration of transfer of the right to collateral security”) was completed with additional registration prior to the establishment of the right to collateral security (hereinafter “the right to collateral security”).

B. The Defendant filed an application for auction to exercise the security right to the instant real estate based on the instant collateral security.

Accordingly, the Seoul Southern District Court D on March 21, 2012 decided to commence voluntary auction and the auction procedure for the instant real estate was conducted (hereinafter “instant auction procedure”).

On the other hand, G and H were forced to commence compulsory auction on the instant real estate on March 22, 2012 as Seoul Southern District Court I.

C. In the instant auction procedure, the auction court opened the date of distribution on March 5, 2013, and held the date of distribution to G as “person holding the provisional seizure and the right to demand a distribution,” which is KRW 77,338,080, KRW 21,979,218 to H, and KRW 426,105,731 to the Defendant.

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