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(영문) 서울서부지방법원 2015.07.21 2014가단31618
배당이의
Text

1. Of the distribution schedule prepared on July 28, 2014 by the Seoul Western District Court (Seoul Western District Court) with respect to D's auction of real estate.

Reasons

1. Basic facts

A. The National Bank Co., Ltd. (hereinafter only referred to as the “National Bank”) registered the establishment of a mortgage over the maximum debt amount of KRW 182,00,000 and the maximum debt amount of KRW 130,000,000 on March 13, 2006 with respect to the Eunpyeong-gu Seoul E, 103, Dong 201 (hereinafter referred to as the “the apartment of this case”) owned by A to secure the credit for the loans to A, respectively.

B. On June 28, 2013, between the Defendant and A, on the instant apartment, a lease agreement was made between the Defendant and A stating that the deposit amount of KRW 30,000,000 for the instant apartment, and the lease period of KRW 3,000 for the lease period from July 10, 2013 to July 10, 2015 was paid and received on the contractual date, and the remainder amount of KRW 27,000 for the lease amount was paid on July 10, 2013.

(hereinafter) On the same day, the Defendant obtained a fixed date in the instant lease agreement and filed a move-in report on the instant apartment.

C. On October 1, 2013, upon the application for voluntary auction by the National Bank, the procedure for the voluntary auction of real estate was initiated as D in this Court regarding the instant apartment on October 1, 2013. On December 13, 2013, the Defendant asserted that the instant apartment was a lessee who paid the deposit amount of KRW 30,000,000,000, and filed a report on the right and demand for distribution.

On the other hand, the Seoul Central District Court 2013Hadan830, 2013Kada8830, 2013Ma8830, and the above court declared bankruptcy against A on December 16, 2013, and appointed the Plaintiff as the bankruptcy trustee of A.

On July 28, 2014, among the amount to be actually distributed on the date of distribution implemented on July 28, 2014, the court prepared a distribution schedule with the content that distributes 26,947,657 won to the Defendant, a lessee of small amount of money, KRW 20,000,00 in the first order, and KRW 1,239,120 in the second order to the Plaintiff, the second order to the Plaintiff, and the first order to the limited company specialized in the first asset-backed securitization in the second order to which the claim was taken over from the national bank, the mortgagee, and KRW 266,947,657 in the second order to the Plaintiff.

E. The plaintiff is above.

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