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(영문) 서울남부지방법원 2015.08.21 2014가단226264
배당이의
Text

1. Of the distribution schedule prepared on July 30, 2014 by the above court with respect to the auction case of real estate B in Seoul Southern District Court.

Reasons

1. Basic facts

A. On September 6, 2010, when the Solomon Mutual Savings Bank Co., Ltd. extended a loan to Nonparty C, the registration of creation of a collateral for the maximum debt amount of KRW 4770,190,000 in the name of the savings bank was completed on the instant building by providing the Guro-gu Seoul Metropolitan Government E-building No. 502 (hereinafter “instant building”) owned by the deceased D as collateral.

B. On September 5, 2012, the Seoul Southern District Court B, on April 25, 2013, filed an application for the instant auction on real estate deposit (hereinafter “instant auction”) with the solomon Mutual Savings Bank (hereinafter “Korea Finance Bank”).

C. Meanwhile, on May 13, 2013, 201, a Madern Company Specializing in the First Asset-Backed Securitization (hereinafter “Madern Company”) who acquired claims, including the foregoing collateral security, from our finance submitted a creditor’s report on the change of creditors, and the instant auction order was issued on July 8, 2013.

On November 20, 2013, the Defendant asserted that the instant building was a lessee who entered into a lease contract of KRW 40 million (hereinafter “instant lease contract”) with respect to the instant building between D and the instant auction procedure, and reported the right.

E. Of the amount of KRW 357,872,057 to be actually distributed to the Defendant on July 30, 2014, the Seoul Southern District Court stated that the Defendant was the first-class lessee of KRW 25 million, the second-class lessee of KRW 589,120, the Guro-gu Seoul Metropolitan Government Office of the second-class lessee, the third-class creditor and the third-class mortgagee, the third-class creditor and the third-class mortgagee, and the third-class creditor and the third-class mortgagee, the claim was transferred to the third-class mortgagee. However, as seen above, our finance transferred the claim, including the right to collateral security, to the third-class mortgagee after the application for the instant auction, and accordingly, the third-party creditor transferred the claim, including the right to collateral security, to the first-class creditor, and thereafter, the decision of commencement of the auction was issued on the date of distribution.

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