logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.06.17 2014가단134580
배당이의
Text

1. Of the distribution schedule prepared on December 17, 2014 by the above court with respect to the Seoul Northern District Court B real estate auction case.

Reasons

1. Facts of recognition;

A. Seoul Mutual Savings Bank lent KRW 172 million to C on February 13, 2012, and completed the registration of creation of a mortgage over KRW 220,360,000,000 to D [Road Name Address: Nowon-gu, Seoul Special Metropolitan City E] No. 208, F apartment No. 2011 (hereinafter “instant real estate”).

B. On December 28, 2012, the Defendant entered into a lease agreement with C to lease the instant real estate with a deposit of KRW 27 million, term of lease from January 28, 2013 to January 28, 2015, and paid the down payment of KRW 2.7 million to C.

The Defendant paid a balance of KRW 24.3 million to C on January 22, 2013, and completed a move-in report after receiving the instant real estate.

C. Meanwhile, on January 9, 2013, C filed an application for individual rehabilitation with the Seoul Central District Court 2013da4275, and was decided to authorize the repayment plan on August 19, 2013.

Seoul Mutual Savings Bank was decided to appoint the plaintiff as bankruptcy trustee on September 26, 2013, along with the declaration of bankruptcy.

The plaintiff applied for a voluntary auction of the real estate in this case to Seoul Northern District Court B on the basis of the above collateral security, and the court of execution decided to commence voluntary auction on May 19, 2014.

E. On December 17, 2014, the executing court prepared a distribution schedule to distribute the amount of KRW 25 million to the Defendant (the first order), KRW 384,600 to Nowon-gu in Seoul Special Metropolitan City (the second order), and KRW 162,486,738 to the Plaintiff (the third order) (the “instant distribution schedule”).

F. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on December 23, 2014, within one week thereafter.

[Reasons for Recognition] Unsatisfy, Gap 1-4, 7, 8 evidence, Eul 7-10 evidence, the purport of the whole pleadings

2. The provisions applicable mutatis mutandis to individual rehabilitation procedures pursuant to Article 586 of the Debtor Rehabilitation and Bankruptcy Act.

arrow