logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.05.06 2014가단67163
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in Gap evidence Nos. 2, 3, 10, and 11-1 and 2:

C) On November 24, 2005, upon receiving a loan of KRW 34 million from the National Bank of Korea, C made a registration of the establishment of the right to collateral security (hereinafter “instant apartment”) with respect to the debtor C, a mortgage-holder Co., Ltd., the National Bank of Korea, the maximum debt amount of KRW 55,900,000 with respect to the D Apartment No. 138, 1206, Gyeyang-gu Incheon Metropolitan City under its name (hereinafter “instant apartment”). On May 28, 2009, C completed the registration of the establishment of the right to collateral security (the trade name before the modification, the corporation, and the corporation, hereinafter “Defendant Company”) with respect to the debtor C, the maximum debt amount of KRW 50,000,000, and the establishment of the right to collateral security with the defendant Company.

B. Meanwhile, on the other hand, the Defendant National Health Examination Service (the Seoul Family Office; hereinafter “Defendant Corporation”) seized each of the instant apartment buildings on December 14, 2012 and January 21, 2013.

C. On October 8, 2013, Defendant Company filed an application for a voluntary auction of real estate related to the instant apartment based on the foregoing right to collateral security with this court, and started the same day. The instant apartment was sold to the Plaintiff on September 4, 2014.

On October 7, 2014, the above execution court prepared a distribution schedule with the content of distributing KRW 34,022,255 to the National Bank of Korea, Co., Ltd., a person holding the right to demand distribution, in the second order, among the amount to be actually distributed except the execution cost, 122,929,404 won, and KRW 1,101,70 won to the Defendant Corporation, a person holding the right to demand distribution, and KRW 28,365,285 to the Defendant Company, a person holding the right to claim distribution, who is the applicant creditor, in the third order, (i) KRW 21,86,45 won, interest KRW 6,498,820, and KRW 9,302,320 to the Defendant Corporation, a person holding the right to claim distribution, in the fourth order, and KRW 50,137,844 won to the Plaintiff, a person holding the right to claim distribution.

E. The plaintiff is present on the date of the above distribution and distributed to the defendant Corporation.

arrow