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(영문) 의정부지방법원 2019.10.29 2018가단124836
배당이의
Text

1. Defendant B: 109,929,823 won to the Plaintiff and 15% per annum from September 15, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. (1) Nonparty P Co., Ltd loaned to Defendant B a total of KRW 645,00,000 as of July 8, 2016, November 7, 2016, and November 16, 2016.

B. On July 8, 2016, in relation to the above loan, Nonparty P Co., Ltd. obtained a right to collateral security from Dongducheon-si, a multi-family housing site, and each section of exclusive ownership (9 households) was established on November 1, 2016 and November 7, 2016 after the registration of initial ownership was completed with respect to the I building (the underground first floor, the fourth floor, and the rooftop1 floor).

On June 29, 2017, the Plaintiff was transferred from Nonparty P Co., Ltd. the right to collateral security (79,203,530 won including the principal amount of KRW 629,00,00 as of August 14, 2018).

x. b.

In the case of the auction of the real estate in this case, the Plaintiff received dividends of Q Q Co., Ltd. 543,962,126 won, KRW 100,00,000, and KRW 25,311,581 (18.72% out of the maximum bond amount of KRW 135,241,404), and eventually, Defendant B’s debt balance is KRW 109,929,823.

B. The Defendants received each distribution in the instant real estate rental auction case on August 14, 2018 based on each lease agreement between Defendant B and Defendant B, and the Plaintiff raised an objection to the distribution.

CK-16-12-15,000,000 won (Preferred Small Lessee) 17,00,000,000 won (Preferred Lessee) D-2016-12-12-15,000,000 won (Preferred Lessee) E-No 2016-12-2222,000,000 won (Preferred Lessee), FO-2016-11-29,000,000 won (Preferred Lessee) 17,000,000 won (Preferred Lessee) 17,000,000 won (Preferred Lessee-20,000,000 won (Preferred to 500,000,000 won) 10,500,000 won (Preferred Lessee-20,000 won (Preferred Lessee-20,000,000 won)

C. (i) active property: 12 households of the I building of approximately KRW 960 million ( approximately KRW 120 million per household) on or around November 5, 2016 or around December 2016: A collateral security establishment of KRW 480 million with the maximum debt amount of KRW 1.9 billion on or around December 5, 2016 against the said 12 households; a collateral security establishment of KRW 1.9 billion with the maximum debt amount of KRW 1.9 billion on or around December 62, 2000;

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