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(영문) 서울중앙지방법원 2016.08.18 2015가단5370280
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 11 (including branch numbers; hereinafter the same shall apply) and Eul evidence of No. 1 to 3.

New Bank Co., Ltd. (hereinafter “instant real estate”) created a collateral security (hereinafter “instant collateral security”) with respect to Non-Performing Nos. 101, 201, 401, and 501 (hereinafter “the instant real estate”) on Non-Party Nos. 101, 201, 401, and 501 (hereinafter “the instant real estate”) on Non-Party No. 4, Jongno-gu Seoul Central District Court (P) rendered a decision to commence the instant auction on August 12, 2013 by requesting the instant collateral security (hereinafter “instant auction”).

B. On September 25, 2013, the Defendant, a special purpose company established under the Asset-Backed Securitization Act, acquired the collateral security right claim on the instant real estate from the new bank, as securitized assets.

C. During the Seoul Central District Court L, P(Du) voluntary auction procedure, the executing court shall distribute to Q 16,00,000 won (16,747,69) and to Q 16,00,000 won (12,747,690 won).

The Plaintiffs filed an application for distribution to demand a preferential repayment of the small amount lease deposit as a lessee of the instant small amount under the Housing Lease Protection Act during the voluntary auction procedure of the instant real estate, but did not become a dividend, the Plaintiffs stated an objection on the date of distribution on the same date, and filed a lawsuit of demurrer against distribution on November 26, 2015.

2. The plaintiffs.

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