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(영문) 서울중앙지방법원 2019.12.11 2016가단5033458
구상금
Text

1. As to KRW 344,652,281 and KRW 342,874,861 among the Plaintiff, Defendant B shall be from January 28, 2016 to January 31, 2016.

Reasons

Basic Facts

On July 20, 2015, Defendant B, the representative director of Defendant C, Co., Ltd. (hereinafter “G”), on the real estate listed in the [Attachment 2] list, (hereinafter “instant apartment”) (hereinafter “instant apartment”), entered into a mortgage agreement with Defendant C, with Defendant C on July 20, 2015 (hereinafter “instant first mortgage agreement”). On the same day, the Seoul Central District Court concluded a mortgage agreement with Defendant B and the maximum debt amount of KRW 520,00,000, and completed the registration of the establishment of the neighboring apartment as of July 20, 2015.

On December 4, 2015, with respect to the instant apartment, the Seoul Central District Court E and F (Dupl) commenced the auction procedure for real estate rent. The instant apartment was sold in KRW 800,013,00 on November 17, 2017.

On December 21, 2017, the auction court prepared a distribution schedule with the content of distributing KRW 484,524,498 to Defendant C, a mortgagee, on the date of distribution of the above auction procedure.

However, as the J limited liability company was decided by the Incheon District Court 2016Kahap32 to take a provisional measure to prohibit the disposal of the right to collateral security, the said dividend was not actually paid to Defendant C.

On August 25, 2015, G, including the creation of a right to collateral security, of Defendant D Co., Ltd. (hereinafter “instant factory”), concluded a mortgage agreement with the debtor G and the maximum debt amount of KRW 2,500,000 with respect to each real estate listed in the separate sheet (hereinafter “Defendant D”) on August 25, 2015 (hereinafter “instant contract”). On August 31, 2015, the establishment of a right to collateral security (hereinafter “instant contract”) was completed on August 31, 2015 by the Suwon District Court Seosung Branch registry Office No. 179828, Aug. 31, 2015.

On July 15, 2016, Suwon District Court H, I, and the instant factory was commenced with respect to the real estate auction procedure. The instant factory was sold in KRW 1,893,00,000.

On August 10, 2017, the auction court prepared a distribution schedule with the content of distributing KRW 144,548,467, which is a mortgagee, to Defendant D, on the date of distribution of the above auction procedure, and thereafter.

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