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(영문) 서울동부지방법원 2015.09.04 2014가단54664
배당이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In order to secure B’s loan claim against B (hereinafter “instant loan claim”), the Korean National Bank Co., Ltd.: (a) completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) of the debtor, the maximum debt amount of KRW 1,001,000,000, based on the contract concluded on March 25, 201 with the Seoul East East Eastern District Court No. 17649, Mar. 25, 201, as Seoul East Eastern District Court No. 17649, Mar. 25, 2011.

B. On November 1, 2012, the National Bank applied for a voluntary auction of the instant building to Seoul Eastern District Court C with respect to the instant building based on the instant collateral security, and rendered a voluntary auction decision from the said court on November 1, 2012.

(hereinafter “instant auction procedure”). C.

On January 2013, the defendant acquired the loans of this case and the right to collateral security of this case from the National Bank of Korea Co., Ltd., respectively, and changed the creditor to the executing court.

(1) In the instant auction procedure, on September 24, 2012, the Plaintiff filed a report on the right and demand for distribution with respect to KRW 25,00,000, which is within the scope of the first priority repayment, by alleging that he/she was a small lessee who leased one column and toilets on the left side of the entrance of the present apartment among the instant apartment from the foregoing B, as a small lessee who leased KRW 30,000,000.

(2) The Plaintiff is a spawn's South-North her birth in B, and is a spawn's death in B.

E. On November 14, 2014, a court of execution prepared a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) that distributes the amount of KRW 774,574,744 to be actually distributed on the date of distribution as of November 14, 2014, to the Defendant, a transferee of the applicant obligee (beneficiary) in the second order, KRW 2,495,320, and KRW 772,079,424 (total amount of the reported claim + KRW 777,510,500 + interest KRW 354,441,235,00) to the Defendant, a transferee of the applicant obligee (beneficiary) in the second order.

F. The plaintiff is on the defendant on the date of the above distribution.

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