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(영문) 서울북부지방법원 2016.11.03 2015가합26997
배당이의
Text

1. Of the principal lawsuit of this case, Plaintiff E and D paid a dividend amount of KRW 364,425,131 to Defendant, KRW 633,131, and Plaintiff E.

Reasons

1. Facts of recognition;

A. On January 4, 2008, I completed registration of preservation of ownership as to the whole 10 households of a tenement house consisting of the fourth floor above the J4th floor and a total of 10 households in the Seoul Northern-gu Seoul Northern-gu (hereinafter “multi-household house in this case”).

B. On January 7, 2008, I, with regard to the whole multi-household housing of this case as the debtor I, set up a right to collateral security of KRW 1 billion with the maximum debt amount (hereinafter “instant right to collateral security”) against the Defendant Intervenor G Co., Ltd. (hereinafter “Supplementary Intervenor”) with regard to the entire multi-household housing of this case, and ordered K to set up a right to collateral security of KRW 300 million with the maximum debt amount.

C. The above B.

On January 31, 2008, each of the right to collateral security stated in the claim was completed with additional registration of change of the right to collateral security made L from B to the debtor on the ground of acceptance of the contract on the same day, and K's right to collateral security was completed with additional registration before the right to collateral security on the ground of transfer of confirmed claim on the same day on February 25, 2010.

On April 7, 2010 with respect to multi-household housing in the instant case upon a creditor’s application, the seizure registration following the decision to commence compulsory auction was completed, and the seizure registration following the decision to commence voluntary auction was completed on November 8, 2012 upon the Defendant’s application.

(hereinafter the above compulsory auction is referred to as “instant compulsory auction” and “voluntary auction”, and the auction procedure according thereto is referred to as “instant auction procedure.”

On August 20, 2010, the supplementary registration of the transfer of the right to collateral security was completed on the ground of the transfer of confirmed claim to the Defendant on the same day.

F. On December 30, 2013, 101 of the instant multi-household housing was completed in the Plaintiff’s name, 102, 202, 301, and 102 under Plaintiff B, C, D, and E’s name on January 18, 2013, respectively.

Plaintiff A, 101, the highest bid price on the date of the decision to permit the sale of housing units, was 101, the highest bid price of which was the date of the decision to permit the sale of housing units, and Plaintiff B, 200,000,000 won (Defendant B, 102, Sept. 29, 2014) and KRW 1,00,000,000.

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